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Home My WebLink AboutOrdinance 4900 LSD06-2105 B 1 O- BASE D One Mile View L.2 vPxo p.1 RAF.xa C.2 C-2 c 2 c.] P.1 RAFJe C4 1 I.1 C 2 � G2 24 R-0 . 2 C 1.1 Gx _ 11124 I'M CJ RA 1 :: 1- Oe AD 441 FVA.N 2 RYJ "x r 42 en H Al Lt I V G2 RS El SFJ 2 SFJ RP2D 4 ` RA RMF34 C-2 RSFJ P, 992 _ A{NA_M 984 D P.1 S RSFJ G2 2 :d:VAIL :°9 ,�a R 2 RA1 '2YF Rap 41 C ? 41 C2 RSFJ L 13 RIF-24 G NtiF.I RMF- .A RIF-24 IF-24 C-2 1`IU JAl l _ -or -R 42 RA 24 RMFQ4 RAf 24 A 4 1 RW-24 A C. RFi.2/ RW 24 I2 C3 RIF-N R-0 100-24 41 J G2 RIF2 I.1 RIF.N SUBJECT PROPERTY c-z GI f_ wFa4 PET rIGREW ST - 191 T }` RVF- 41 G2 G2 1 RIF-24 24 * Gl [ RIF 24 J RSF LI Ll GI -24 G 4 (ATO NG. C3 RSFJ kw4 RSFJ Z - 11 1 C2 C3 . 1 4VILE DR L1 I 1 1 Ai_24 101RENA IN ,� C`2 Rlf-24 1 1 I L- g 1 C3 RIF-31 .y N RIF-24 Lx RFi- Iy 1✓ L- I I' YDESDN fl D0. \\V r C2 % 1 J G2 G2 1 RA 4 V �00/ r G Overview legend Boundary 5ubieCl Property Otiu Planning Area LSD06-2105 "'" "' Overlay Distno Outside City ❑ Legend = Hillside-Hilltop 01 erlay District 00 . 120 . 25 0 . 5 0 . 75 1 Mlles LSD06-2105 B lO - BASE D Close Up View ® V SUBJECT PROPERTY a HYI 04 e e¢ r- r1 , P2 61 I ] RMF-24 RMF-24 . 1111 RMF-24 t G2 � Y e Oveiwiew Leprid gooao OyM>Yp t FIOOOWAY -- 5N) YEN 100 YEAR --- LIMIT OF STUDY Rasel-me Rofile O Fayetteville Pi61ne Gly _ LSDo 2105 ® vector.GDD.F000nnl_2004 Wiside-lflllm OvwWy Distncl 0 125 250 500 750 1 ,000 F t ORDINANCE NO. all AN ORDINANCE APPROVING VAC 06-2068 SUB AllAlla e evi le By THE CITY OF FAYETTEVILLE FOR t PROPERry LOCATED AT 1475 CATO SPRINGS Y ROAD. VACATING UN CONSTRUCTED RIGHTS- OF WAV WITHIN THE SUBJECT PROPERTY IN ARKANSAS ASSOCIATION WITH AN APPROVED IARGE SCALE DEVELOPMENT FOR BIO-BASED ■INIOkEAS. the City Council has Me auttrority under A C A. 9 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes', and WNWMASr the City Council has determined that the following described portion of Me right-of-way is not required for corporate purposes NOW, THEREFORE, RE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I That the City Coil or the City of Fayetteville, Arkansas hereby vacates and abandons the following described right-of-way See Exhibit 'A" attached hereto and made a pan hereof. Section 2 That a copy of this Ordinance duly cenllled by Me City Clerk along win the map attached hereto labeled Exhibit 'EF any r::- 4r'c,:;val labeled Exhibit 'C' will be filed in Me officers' the Recorder of the County i d Records of Me County Section 3: That this vacatior, ' , correction of approval listed in the staff report and also shown On Exyrt, g COMMISSIM recommendations for the City OI Fave". I . _. m cond.uons are mel therein. PASSED and APPROVED ' rRh day of July, 2006. APPI, . . . ATTEST By _ By DAN GOODY, YaTer - SONDRA SNITN, CNF OHNS I , A" VA. 68 A PART OF THE NORTHWEST QUARTER (N':: , nRTER (NEI/4) AND A PARR OF THE NORTHEAST QUARTER (NE'. : IA (NE114) OF SEC- NON TWENTY-NINE (29), TOWNSHIP 51X71 I '. ( (30) WEST, WASH- INGTON COUNTY. ARKANSAS, MORE PARTIC., . . ONS, TO-WIT COM- MENCING AT THE NORTHEAST (NE) CORNER OF SAID SECTION, I"ENCE NORTH 87° 0336' WEST 1476.34 FEET TO A POINT THENCE SOUTH OT 56' 24' WEST 55.14 FEET TO THE EXIST- ING SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 07° 33' 30' EAST 423.08 FEET TO A FOUND PIPE', THENCE NORTH 780 02' 38' EAST 150.63 FEET (150 5 FEET DEED 617267) TO THE WEST RIGHT-OF-WAY OF THE ARKANSAS AND MISSOURI RAILROAD; THENCE ALONG SAID RAILROAD RIGHT-OF-WAY SOUTH 080 06' 42' EAST 895.07 FEET (8972 FEET DEED 617-297); THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY NORTH 87. 24' 01' WEST 539.31 FEET (538 FEET DEED 617-297) TO A FOUND 2- DIAMETER IRON PIPE; THENCE NORTH 02° 39' 58' EAST 566.08 FEET (573.6 FEET DEED 617297) TO A FOUND 2- DIAMETER IRON PIPE IN CONCRETE, THENCE NORTH 87. 24' 01- WEST SID 53 FEET TO A POINT; THENCE NORTH 02° 37' 42' EAST 19200 FEET TO A POINT; THENCE NORTH 87° 24' 01' WEST 210 74 FEET TO THE EAST RIGHT OF-WAY OF STATE HIGHWAY NO. 265 AS DESCRIBED IN INSTRUMENT NO. 95034367 FILED WITH THE CIRCUIT CLERK OF SAID COUNTY; THENCE ALONG SAID EAST RIGHT-OF-WAY OF HIGHWAY NO. 265 THE FOLLOWING COURSES' THENCE NORTH 08° 46' 53' EAST 64 31 FEET TO A POINT; THENCE NORTH 17° 19' 40' EAST 92.37 FEET TO A POINT THENCE NORTH 17° 54' 15' EAST 56.42 FEET TO A POINT; THENCE NORTH 189 58' 50' EAST 48.95 FEET TO A POINT. THENCE NORTH 200 28' S0' EAST 97.90 FEET TO A POINT, THENCE NORTH 210 56' 30' EAST 45.16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS BEARING SOUTH 460 13' 48' EAST 29325 FEET AND A LONG CHORD BEARING NORTH 6B° 17' 44' EAST 243.66 FEET. THE SAID BEGINNING OF CURVE BEING THE TRANSITION POINT FROM THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 265 TO THE SOUTH RIGHT-OF WAY OF CATO SPRINGS ROAD. THENCE ALONG SAID CURVE AND SOUTH RIGHT OF WAY AN ARC LENGTH OF 251.05 FEET TO FOUND CONCRETE RIGHT OF WAY MARKER, THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD THE FOLLOWING COURSES. SOUTH 87° 10' 44' EAST 71 57 FEET TO A FOUND CONCRETE RIGHT-OF-WAY MARKER, THENCE NORTH O2° 49' 16' EAST 1000 FEET TO A POINT, THENCE SOUTH 87. 20' 19' EAST 34844 FEET TO THE POINT OF BEGINNING AND CONTAINING 18 38 ACRES, MORE OR LESS. LESS AND EXCEPT THAT PORTION FOR STREET DEDICATION TO THE CITY OF FAYETTEVILLE. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. A PART OF THE NORTH- WEST QUARTER (NAND OF THE NORTHEAST QUARTER (NE1/4) AND A PART OF THE NORTH- EAST OUARTER(NEIN) OF THE NORTHEAST OUARTER (NEI/4) OF SECTION TWENTY-NINE (29), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO-WIT COMMENCING AT THE NORTHEAST (NE) CORNER OF SAID SECTION, THENCE NORTH 87° 03' 36' WEST 1476.36 FEET TO A POINT; THENCE SOUTH 02° 56' 24' WEST 55.14 FEET TO THE EXISTING SOUTH RIGHAOF- WAY OF CATO SPRINGS ROAD AND THE POINT OF BEGINNING', THENCE SOUTH 07° 33' 30' EAST 13.46 FEET TO A POINT THENCE NORTH 870 59' 10' WEST 350.90 FEET TO A POINT; THENCE NORTH 876 44' 29' WEST 71.57 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 49. 03' 05' AND A RADIUS OF 285.33 FEET THENCE ALONG SAID CURVE AN ARC LENGTH OF 244.27 FEET TO A POINT; THENCE NORTH 460 13' 48' WEST 7.92 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS BEARING SOUTH 460 13' 48' EAST 293.25 FEET AND A LONG CHORD BEARING NORTH 689 17' M' EAST 243.66 FEET, THE SAID BEGINNING OF CURVE BEING THE TRANSITION POINT FROM THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 265 TO THE SOUTH RIGHT OF-WAY OF CATO SPRINGS ROAD', THENCE ALONG SAID CURVE AND SOUTH RIGHT-OF-WAY AN ARC LENGTH OF 251 AS TO A FOUND CONCRETE RIGHT-OF WAY MARKER. THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD THE FOLLOWING COURSES. SOUTH 876 10' "' EAST 71 .57 FEET TO A FOUND CONCRETE RIGHT-OF-WAY MARKER, THENCE NORTH 020 49' 16' EAST 10.00 FEET TO A POINT; THENCE SOUTH 87' 20' 19' EAST 348.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.18 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PROPERTY HAVING BEEN SURVEYED BY DARYL V DOYAL, BEING RECORDED IN DEED REF 2006-00012549 ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. EXHIBR 'C' CONDITIONS OF APPROVAL 1. If any utility work is performed as part of the development and any of these lines changed, aben- dOHd, or rerouted, than ee9err t requirements would change accordingly, as they would for any developrnerll. Easements shall be dedicated by easement plat. e. The rKrMsouM 12' waterline requires a 25' wide 9sessmant centered ch the pipe. b. The 6' waterline running west from the 12', between the two buildings requires a 20' easement centered on Me pipe and extending 10 past Mar end of Me pipe. This requirement also applies to Me 6' line running Penh from the waslbound 6' line c. The 24' waterline running east west parallel to the south property line requires a 50' easement centered on the pipe Much of this easement is in the 1475 Cato Springs lot 0 The north snuff sewer line running down the driveway needs to have a 20 wide easement cen- tered on the pipe This easement must be extended to the south property line. e. All other water and sewer mains on the lot must have a 20' wide easement centered on the pipes. These easement Shall extend 10' beyond the end of the line at dead and manhaes or dead ends of pipes 1. There deeds to be an easement extended southwest from the dead and manhole on the west end of the aster west Sewer line. This easement should be situated such that Me house on Me southwest lot can he" a mein nm to it hon the manhole. If the house area is split off as a separate lot, Mare must be a sewer main that runs to it Currently, the service line from the house ties to the dead end manhole and can be identified by the cleanouts located every 100' This service no longer meels requirements it the house becomes part of a separate lot The new main need not follow the path of the existing Sewer line (which is a service, as the hWse is On the same planted lot as the we brick buildings). It simply re ads to tie to the service at the property line. g. The adequacy Of Me water and sewer systems must be evaluated for any new devebpmenl. All sewer SWWOee n be placed. ee they do rid meet current Plumbing codes. Water service lines on both alder d Me mater loop may need to be replaced; they are else required to meet current Hlalalg codas. 2. Any robcation d exletkp ut9Poes shall be at Me owner/developer's expense 3 All - tora r' a7c a, aom -^oorc ... i rr r, . ' ss Recorded : O6/09/20060atT01 B59R39 PM Fee Amt : 520 , 00 Paoe 1 of 5 Meshlnoton Countv . AR Bette Stamps Clrcult Clerk F11e2006-00032618 ORDINANCE NO. 4900 AN ORDINANCE APPROVING VAC 06-2068 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR PROPERTY LOCATED AT 1475 CATO SPRINGS ROAD, VACATING UN-CONSTRUCTED RIGHTS-OF-WAY WITHIN THE SUBJECT PROPERTY IN ASSOCIATION WITH AN APPROVED LARGE SCALE DEVELOPMENT FOR BIO-BASED 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 detennined that the following described portion of the right-of-way 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 right-of-way. 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 labeled Exhibit "B" and Conditions of Approval labeled Exhibit "C" will 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 also shown on Exhibit "C" attached and Planning Commission recommendations for the City of Fayetteville, and shall not be in effect until all conditions are met therein. �RWTR ff / PASSED and APPROVED this 18`s day of July, 2006. \�G•G�1Y Oc SG9c^. aV • . p ; 'c : FAYETTEVILLE ; 3 APPROVED: ATTEST: '`L• •' 'yJ •9�K SPS; By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2068 PApGE 1 OF 2 Q PART QUARTER (FNEU4) ANDA ART OFTHE NORTHEAST OF THE R (NEI /4) OF THE NORTHEAST QUARTER (NEI /4) OF SECTION TWENTY-NINE (29), WASHINGTONSHIP SIXTEEN COUNTY (AORE PARTICULARLY DESCRIBED ARKANSAS,NORTH, RANGE THIRTY ( WEST, SCRIBED AS FOLLOWS TO-WIT: 60MMFNCING AT THE NORTHEAST (NE) CORNER OF SAID SECTION, THENCE NORTH 870 03 ' 36" WEST 1476.34 FEET TO A POINT; THENCE SOUTH 02° 56' 24" WEST 55. 14 FEET TO THE EXISTING SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD AND THE POINT OF BEGINNING THENCE SOUTH 07° 33 ' 30" EAST 423 .08 FEET TO A FOUND PIPE; THENCE NORTH 78° 02' 38" EAST 150.63 FEET ( 150.5 FEET DEED 617E- 2671 TO THE WEST RIGHT-OF-WAY OF THE ARKANSAS AND MISSOURI RAILROAD THENCE ALONG SAID RAILROAD RIGHT-OF-WAY SOUTH 080 06' 42" EAST 895.07 FEET (897.2 FEET DEED 617-297) THENCE LEAVING SAID RAILROAD RIGHT)-0 -WAY NORTH 87024 O1 '; WEST 539.31 FEET NSORTHE020 39D581 7 EAST 566.08 FEET (57D316 FEET DEED 6I7297 TOCA FOUND 2" DIAMETER IRON PIPE IN CONCRETE; THENCE NORTH 870 24' Ol " WEST 383 .53 FEET TO A POINT; THENCE NORTH 02° 37' 42' EAST 192.00 FEET TOA POINT; THENCE NORTH 87024' 01 " WEST 210.74 FEET TO THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 265 AS DESCRIBED IN INSTRUMENT NO. 95034367 FILED WITH THE CIRCUIT CLERK OF SAID COUNTY; THENCE ALONG SAID EAST RIGHT-OF-WAY OF HIGHWAY NO. 265 THE FOLLOWING COURSES : THENCE NORTH 08° 46' 53" EAST 64.31 FEET TO A POINT- THENCE NORTH 170 19' 40" EAST 92.37 FEET TO A POINT; THENCE NdRTH 170 54' 15" EAST 56.42 FEET TO A POINT• THENCE NORTH 180 58' 50" EAST 48.95 FEET TO A POINT; THENCE NORfH 200 28' 50" EAST 97.90 FEET TO A POINT; THENCE NORTH 21 ° 56' 30" EAST 45 . 16 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS BEARING SOUTH 460 13 ' 48" EAST 293 .25 FEET AND A LONG CHORD BEARING NORTH 680 17' 44" EAST 243 .66 FEET, THE SAID BEGINNING OF CURVE BEING THE TRANSITION POINT FROM THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 265 TO THE SOUTH RIGHT-OF- WAY OF CATO SPRINGS ROAD; THENCE ALONG SAID CURVE ' AND SOUTH RIGHT-OF-WAY AN ARC LENGTH OF 251 .05 FEET TO FOUND CONCRETE RIGHT-OF-WAY MARKER; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD THE FOLLOWING COURSES SOUTH 870 10' 44" EAST 71 .57 FEET TO A FOUND CONCRETE RIGHT-OF-WAY MARKER- THENCE ORTH " EAST 10.00 FEET TO A POINT- THENCE SOUTH 870 20' 19'EAST2348.440 49' 1FEET TO THE POINT OF BEGINNIfi1G AND CONTAINING 18.38 ACRES, MORE OR LESS. LESS AND EXCEPT THAT PORTION FOR STREET DEDICATION TO THE CITY OF FAYETTEVILLE, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART 6FTHENORTHWEST QUARTER HE NOR1THEASTTHE QUARTERNORTHEAST (NE1 4) OF THE NORTHEAST QUARTER (AND A T(NNEI /4TOF SECTION TWENTY-NINE (29), TOWNSHIP SIXTEEN ( 16) NORTH, RANGE EXHIBIT "A" VAC 06-2068 PAGE 2 OF 2 THIRTY (30) WEST WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : TO-WIT: COMMENCING AT THE NORTHEAST (NE) CORNER OF SAID SECTION, THENCE NORTH 870 03 ' 36" WEST 1476.36 FEET TO A POINT; THENCE SOUTH 02° 56' 24" WEST 55 . 14 FEET TO THE EXISTING SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD AND THE POINT OF BEGINNING- THENCE SOUTH 070 33 ' 30" EAST 13 .46 FEET TO A POINT; THENCE NORTh 870 59' 10" WEST 350.90 FEET TO A POINT; THENCE NORTH 870 44' 29" WEST 71 .57 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 490 03 ' 05" AND A RADIUS OF 285.33 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 244.27 FEET TO A POINT; THENCE NORTH 460 13 ' 48" WEST 7.92 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT WITH A RADIUS BEARING SOUTH 460 13 ' 48" EAST 293 .25 FEET AND A LONG CHORD BEARING NORTH 680 17' 44" EAST 243 .66 FEET THE SAID BEGINNING OF CURVE BEING THE TRANSITION POINT SROM THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 265 TO THE SOUTH RIGHT-OF-WAY OF CATO SPRINGS ROAD- THENCE ALONG SAID CURVE AND SOUTH RIGHT-OF-WAY AN ARC LENGTH OF 251 .05 TO A FOUND CONCRETE RIGHT-OF-WAY MARKER- THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY OF CATO SPkINGS ROAD THE FOLLOWING COURSES: SOUTH 87° 10' 44" EAST 71 .57 FEET TO A FOUND CONCRETE RIGHT-OF-WAY MARKER; THENCE NORTH 020 49' 16" EAST 10.00 FEET TO A POINT; THENCE SOUTH 870 20' 19" EAST 348.44 FEET TO THE POINT OF BEGINNING AND CONTAINING 0. 18 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PROPERTY HAVING BEEN SURVEYED BY DARYL V. DOYAL, BEING RECORDED IN DEED REF. 2006-00012549 ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. lr GTO SPRINGS RD. — N8T03'36-W 1141.59' w i b 765-15399-010 ' .q City of Fayetae ac / ROAD PUTTED IN BROAD o / Iy ACRES SUDO., BLOCK 2. AS FILCIN OK 4, PO I I6 W.0 TOB .j TO E VACATED, � N 765-03017-000 City of Fayetteville /_(_L ��/� - N % t j 11 P60 W ' ¢ T r�caT— � I RE t ,.,tea,: 765-15404-000 Marvin h Doris Treat 206 Treat St, Fay.. Ar- 72701 EXHIBIT "C" CONDITIONS OF APPROVAL I . If any utility work is performed as part of the development and any of these lines changed, abandoned, or rerouted, then easement requirements would change accordingly, as they would for any development. Easements shall be dedicated by easement plat. a. The north-south 12" waterline requires a 25 ' wide easement centered on the pipe. b. The 6" waterline running west from the 12", between the two buildings requires a 20' easement centered on the pipe and extending 10' past the end of the pipe. This requirement also applies to the 6" line running north from the westbound 6" line. C. The 24" waterline running east-west parallel to the south property line requires a 50' easement centered on the pipe. Much of this easement is in the 1475 Cato Springs lot. d. The north-south sewer line running down the driveway needs to have a 20' wide easement centered on the pipe. This easement must be extended to the south property line. C. All other water and sewer mains on the lot must have a 20' wide easement centered on the pipes. These easement shall extend 10' beyond the end of the line at dead end manholes or dead ends of pipes. f There needs to be an easement extended southwest from the dead end manhole on the west end of the east-west sewer line. This easement should be situated such that the house on the southwest lot can have a main run to it from the manhole. If the house area is split off as a separate lot, there must be a sewer main that runs to it. Currently, the service line from the house ties to the dead end manhole and can be identified by the cleanouts located every 100' . This service no longer meets requirements if the house becomes part of a separate lot. The new main need not follow the path of the existing sewer line (which is a service, as the house is on the same platted lot as the two brick buildings). It simply needs to tie to the service at the property line. g. The adequacy of the water and sewer systems must be evaluated for any new development. All sewer services must be placed, as they do not meet current plumbing codes. Water service lines on both sides of the meter loop may need to be replaced; they are also required to meet current plumbing codes. 2. Any relocation of existing utilities shall be at the owner/developer' s expense. 3. All conditions of approval from the approved large scale development shall remain in effect unless otherwise modified by the Planning Commission and/or City Council. ATICawas Democrat 700axette Northwest Arkansas Times 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 Gazeffe 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 4900 Was inserted in the Regular Editions: August 3, 2006 Publication Charge : $375 . 59 Subscribed and sworn to be Qre me This day of �L(�� , 2006 . Notary Public Sharlene D. Williams My Commission Expires: Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED AUG 0 9 2006 CITY OF FAYE17EVILLE CITY CLERICS OFFICE oKD -7 //R/96 City of Fayetteville • �f9Gb Staff Review Form G� O6 'o1d6� City Council Agenda Items or Contracts v V U 18-Jul-06 City Council Meeting Date Jeremy Patelk Planning Operations Submitted By Division Department Action Required: VAC 06-2068: (Bio-Based/City of Fayetteville, 638): Submitted by the City of Fayetteville for property located at 1475 Cato Springs Road. The property is zoned 1- 1 , heavy Commercial/Light Industrial. The request is to vacate un-constructed rights-of- ways within the subject property in association with an approved Large Scale Development. N/A 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 Dale Program / Project Category Name N/A N/A N/A $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Departmentector Date Original Contract Date: n/a 9L4 Original Contract Number: n/a City Attorney Received in Cityrk's ice N Finance and Internal Service DiVector Date 7 Received in Mayor's Office ENMED Mayor Date Comments: • City Council Meong of July 18, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO 7b: 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 Bio-Based (VAC 06-2068) RECOMMENDATION Planning Staff recommends approval of an ordinance to vacate un-constructed rights-of- way within the subject property in association with an approved large scale development, as depicted herein. BACKGROUND The subject property is located at the southeast corner of Cato Springs Road and Razorback Road. The rights-of-way, which are approximately 30' wide, were platted as part of the Broad Acres Subdivision. The property has multiple structures on-site which formerly housed the City' s Water and Sewer Operations Center. The first phase of a multi-phased project was approved by the Subdivision Committee on June 15, 2006. The approved development consists of a 28,000 square foot building with professional office and laboratory space, as well as associated parking. 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 06-2068 SUBMITTED BY THE CITY OF FAYETTEVILLE FOR PROPERTY LOCATED AT 1475 CATO SPRINGS ROAD, VACATING UN-CONSTRUCTED RIGHTS-OF-WAY WITHIN THE SUBJECT PROPERTY IN ASSOCIATION WITH AN APPROVED LARGE SCALE DEVELOPMENT FOR BIO-BASED. 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 right-of-way. 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 labeled Exhibit "B" and Conditions of Approval labeled Exhibit "C" will 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 also shown on Exhibit "C" attached 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 , 2006. APPROVED: By: DAN COODV, Mayor ATTEST: By: SONDRA SMITH, City Clerk