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HomeMy WebLinkAboutOrdinance 4908 Doc ID : Recorded : 08,24/20r0 006at3 * 26 : 58 Pm Fee Amt : $14 . 00 Pace 1 of 3 Washington Countv . AR Bette Stews Circuit Clerk Flle2006_00034955 . ORDINANCE NO, 4908 AN ORDINANCE APPROVING VAC 06-2139 SUBMITTED BY WASHINGTON REGIONAL MEDICAL CENTER FOR PROPERTY LOCATED NORTH OF APPLEBY ROAD AND WEST OF NORTH HILLS BOULEVARD, VACATING ALL UTILITY EASEMENTS REFLECTED ON EASEMENT PLATS FILED FOR RECORD ON APRIL 10, 2000 (BOOK 16, PAGE 72), NOVEMBER 29, 2001 (BOOK 17, PAGE 96) AND JUNE 033 2003 (BOOK 23A, PAGE 47) AND VACATING A PORTION OF NORTH HILLS BOULEVARD RIGHT-OF-WAY AS DESCRIBED ON EXHIBIT "A" 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 portions of the platted utility easements and portion of city right-of--way are 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 Fayeiteville, Arkansas hereby vacates all easements as described and depicted on the 2000 Washington Regional Medical Center Easement Plat filed for record on April 10, 2000 (Book 16, Page 72). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates all easements as described and depicted on the 2001 Washington Regional Medical Center Easement Plat filed for record on November 29, 2001 (Book 17, Page 96). Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby vacates all easements as described and depicted on the 2003 Washington Regional Medical Center Easement Plat filed for record on June 03, 2003 (Book 23A, Page 47). Section 4: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of North Hills Boulevard right-of-way as described on Exhibit "A" and attached hereto. Section 5 : That a copy of this Ordinance duly certified by the City Clerk along with an easement plat approved by the City of Fayetteville to replace all necessary and required easements for all utility company and city services shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 6: That this vacation approval is subject to all conditions of approval listed in the Planning Commission staff report and shall not be in effect until all conditions are met therein. `„pnnrrrnrp PASSED and APPROVED this 151 day of August, 2006. ; FAYETTEVILLE ' APPROVED- ATTEST: �.y`NGr ON,�p `'�. By: By: DAN COODY, Mayor S NDRA SMITH, City Clerk r t r . e EXHIBIT "A" VAC 06-2139 RIGHT-OF-WAY TO BE VACATED: A PART OF THE NW 1 /4 OF THE NW 1/4 OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID SECTION 35, RUN S 01000111 " E 362.02 FEET; THENCE EAST 709.09 FEET TO,THE TRUE POINT OF BEGINNING; THENCE S 79028'52" E 37.62 FEET; THENCE ALONG % A CURVE ' TO THE RIGHT HAVING A RADIUS OF 340.00 FEET AND AN ARC LENGTH OF 31 .50 FEET (CHORD = S 07038'47" E 31 .49 FEET); THENCE N 79028'52" W 36.39 FEET; THENCE N 09°45' 11 " W 31 .88 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS, AS SHOWN ON THE EASEMENT PLAT FOR WASHINGTON REGIONAL MEDICAL CENTER 6/5/01 . 4 oeb . City of Fayetteville $ f I I bb Staff Review Form agpg City Council Agenda Items r / a _� / or l� Contracts Wle ML 1-Aug-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2139: (WRMC, 211 /212): Submitted by USI-Arkansas, Inc. for property located at 3215 N. Northhills Boulevard. The property is zoned R-O, Residential Office, and contains approximately 52.03 acres. The request is to vacate portions of right-of-way and several utility easements within the subject property. $0.00 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 Category Name n/a n/a n/a Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached I O 6 Previous Ordinance or Resolution # n/a Department Director Date Original Contract Date: n/a Original Contract Number: n/a `� - IK - off Ci Attomey Received in City Clerk's Off 7hZ (T Finance d Internal Service Direc r D to Received in Mayor's Office Bl � I K - 1 fl MiW Date Comments: City Council Meeting of August 01 , 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: July 14, 2006 Subject: Easement Vacation for Washington Regional Medical Center (VAC 06-2139) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating the utility easements filed for record on easement plats filed in 2000, 2001 and 2003 for Washington Regional Medical Center, as well as a portion of Northhills Boulevard right-of-way. BACKGROUND The subject property contains 52.03 acres, delineated by Appleby Road to the south, Futrall Road to the north and Northhills Boulevard to the south. The property is zoned R- O and developed for Washington Regional Medical Center. Numerous easement and rights-of-way dedications have occurred on this property. Easement plats have been filed in 2000, 2001 and 2003, respectively. The Planning Commission recently approved significant building additions; several of the approved structures were proposed atop of existing utilities and easements. Therefore, the large scale development was approved with the condition that easements be vacated prior to issuance of a permit, and a new easement plat be prepared and filed dedicating any additional or amended utility easements. The applicant requested the vacation of portions of easements on the subject property. Because several conflicting easement plats in previous years have been filed, staff recommends the following vacations: 1 . Vacate all utility easements on the 2000 Easement Plat (Book 16, Page 72): 2. Vacate all Utility easements on the 2001 Easement Plat (Book 17, Page 96). 3 . Vacate all utility easements on the 2003 Easement Plat (Book 23A, Page 47). 4. Vacate a portion of the Northhills Boulevard right-of-way that was dedicated across the existing box culvert west of the street. The applicant shall dedicate drainage/utility easement in place of the right-of-way. The applicant shall file a new easement plat to replace all necessary easements to serve all utility company and city services. Neither the utility representatives nor the city service representatives had any objections to the requested vacations. City Council Meeting of August 01 , 2006 Agenda Item Number DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission on July 10, 2006. The Planning Commission voted 8-0-0 to recommend this vacation request to the City Council. Staff finds the modified request to be a better way to facilitate additional easement dedications. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2139 SUBMITTED BY WASHINGTON REGIONAL MEDICAL CENTER FOR PROPERTY LOCATED NORTH OF APPLEBY ROAD AND WEST OF NORTHHILLS BOULEVARD, VACATING ALL UTILITY EASEMEI�TFS REFLECTED ON EASEMENT PLATS FILED FOR�j&GO&D ON APRIL 10, 2000 (BOOK 16, PAGE 72), NOVEMBER 29;, 2001�(BOOK 17, PAG 6) AND JUNE 03, 2003 (BOOK 23A, PAGE) AND VACATING A PORT ON OF NORTHHILLS BOULEVARD RIGHT'OF-WAY AS DESCRIBED ON EXHIBIT "A". WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not rr q ired for corporate puu p ses; and WHEREAS, the City Council has d--ermined that the following described portions of the platted utility easements and portion of city right-o, , f-way'aare not-required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANrAS: Section 1 : That the City Courecil of the City of Fayetteville, Arkansas hereby vacates all easements as described and depiot d O the 2000 Washington Regional Medical Center Easement Plat filed foASSe F rec d ori April 102000 (Book 16, Page 72). ion 2 : That the Gity Council of the City of Fayetteville, Arkansas hereby vacates all easements as• described ands picted n�the 2001 Washington Regional Medical Center Easement Plat filed for record on November 29, 2001 (Book 17, Page 96). Section 3�NS: That the.4City Council of the City of Fayetteville, Arkansas hereby vacates all easements as descnbeAand %epicted on the 2003 Washington Regional Medical Center Easement Plat filed for record onne 03, 2003 (Book 23A, Page 47). Section . 4: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion ofNorthhills Boulevard right-of-way as described on Exhibit "A" and attached hereto. Section 5 : That a copy of this Ordinance duly certified by the City Clerk along with an easement plat approved by the City of Fayetteville to replace all necessary and required easements for all utility company and city services shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 6: That this vacation approval is subject to all conditions of approval listed in the Planning Commission staff report and shall not be in effect until all conditions are met therein. PASSED and APPROVED this—day of 2006. APPROVED: By: DAN COODYXMayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2139 RIGHT-OF-WAY TO BE VACATED: A PART OF THE NW / OF THE NW '/A OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING rORETARTICULARLY DESCRIBED AS FOLLOWS : FROM THE NORTHWEST CORNER OF SAID SECTIO`N '5\RUNS 11600' 11 " E 362.02 FEET; THENCE EAST 709.09 FEET TO THE TRU&i 6tT�OF BEGINNING, THENCE S 79028'52" E 37.62 FEET; THENCE ALONG A CURVE TO TVE RIGHT HAVING A RADIUS OF 340.00 FEET AND AN ARC LENGr Ili 31 .5 X-EET (CHORD`�S,7°38'47" E 31 .49 FEET); THENCE N 79°28'52" W 36.39 FEET;.tTHEN GEN,09°45'11 " W431 .88 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ' RES, MORE OR LESS, AS SHOWN ON THE EASEMENT PLATfOR WASHfN TO REGIONAL MEDICAL CENTER 6/5/01 . �[f7)p� L 11 Lev le PC Meeting of July 10, 2006 e ARKANSAS THE. CITY OF FAYETTEVI [_ L. E , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575.8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: July 5, 2006 Revised July 14, 2006 VAC 06-2139: (WRMC, 211/212): Submitted by USI-ARKANSAS, INC. for property located at 3215 NORTH HILLS BLVD. The property is zoned R-0, RESIDENTIAL OFFICE and contains approximately 52.03 acres. The request is to vacate a portion of right-of-way and parts of several utility easements within the subject property. Planner: Suzanne Morgan Findings: Property Description and Background: The subject property contains 52.03 acres, delineated by Appleby Rd to the south, Futrall Road to the north and North Hills Blvd to the south. The property is zoned R-0 and developed for Washington Region Medical Center. Numerous easement and right-of-way dedications have occurred on this property. Easement plats have been filed in 2000, 2001 and 2003 for the property. The Planning Commission recently approved significant building additions to the property. Several of the approved structures were proposed atop of existing utilities and easements; therefore, the large scale development was approved with the condition that the easements be vacated prior to issuance of a permit. Request: The applicant requests the following vacations: 1 . Vacate all utility easements on the 2000 Easement Plat (Book 16, Page 72). 2. Vacate all utility easements on the 2001 Easement Plat (Book 17, Page 96). 3 : Vacate all utility easements on the 2003 Easement Plat (Book 23A, Page 47). 4. Vacate a portion of the Northhills Boulevard right-of-way that was dedicated across the existing box culvert west of the street. The applicant shall dedicate drainage/utility easement in place of the right-of-way. KAReports\2006\PC Reports\07-10-OaVAC 06-2139 (WRMC)_Revised.doc 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 provided that the existing facilities are relocated. Southwestern Electric Power Company No Objections provided that the existing facilities are relocated. Arkansas Western Gas No Objections. Easements will be retained for any existing facilities within the vacated area. Southwestern Bell Telephone No Objections provided that new easements are dedicated . CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections. Transportation No Objections Solid Waste No Objections Engineering No Objections provided that an easement is dedicated in place of the right-of-way to be vacated. Public Comment: Staff has not received any written or verbal public comment against the requested vacations. Recommendation: Staff finds that this new easement would provide adequate easement for the relocation of existing utilities. All of the utility companies have approved the easement vacation. Staff recommends approval of the proposed right-of-way and utility easement vacations associated with VAC 06-2139 with the following conditions: Conditions of Approval: 1 . The vacated right-of-way shall be replaced with a drainage/utility easement, to be dedicated by a filed easement plat. 2. Additional easements shall be recorded in which utilities may be relocated from the abandoned easements. KARcporls\2006\PC Reeports\07-10-06\VAC 06-2139 (WRMQ_Revised.dm 3 . The legal descriptions shall be approved by the GIS Division prior to City Council consideration. 4. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: yes Required Recommendation to be: ✓ Approved (on Consent) _Denied Motion: Clark Second: Lack Vote: 8-0-0 Date: July 10, 2006 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 KARcpons\2006\PC Reports\07-10-06\VAC 06-2139 (WRMC)_Revised.doc Jul 06 06 03:03p US! "'RKANSAS, INC. 479-872-7118 PETITION TO VACATE A RmcHT-OF-WAY AND EASEMENTS LOCATED IN CITY OF FAYETFEVILLE, ARKANSAS TO: lit FaycttevillcCity ?lanniag.Commissioaund The Fayetteville Cay Council We, the undersigned, being all the owners of the real estate abutting the rigbt.of--way and omcmcots haeinafer sought to be abandoned and vacated, lying in the City of FoyetMsjle, Arkansas, a municipal emporation, petition to vacate a right-of-way and easements which is described as tailors: All tabcments that ate shown tea the easement plat for Washington Regional Medical Cutter dated 03122/2 QUO and filed at the Washington County Courthouse, Book 16. Page 72, and all easements and right of way described in Exhibit A. That the aborting real estate affectd by said abandonment of the a11ey arc City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would dot be adversely affected by the abandonment of the portion of the above daaibed tight -of -way. The pettioners peat' that the City of Fayetteville, Arkansas, abandon and vacate the above described real astatq subject, however, to the existing Willy wemaun and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as ttow approved by law. The petitioner fwthea pny that the above described real cane be vested in the abutting property owners as provided by law. WHEREFORE, the undcnigned petitioners respectfully pray that the governing body of the City of Foycucvtlle, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estme 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 (torn the casements of the public for the use of said alley. Dated Orris p day of,. __, 200. L. IV(cC�Q,..�. primal ne printed name Feb,usr ]oar Anne I TOTAL P.02 P.2 Exhibit A LEGAL DESCRIPTION OF TOTAL PROPERTY A partof the SE % of the SE % of Section 27, a partof the NE '/< of the NE % of Section 34, a part of the SW Y of the SW '/4 of Section 26, and a part of the NW 1/4 of the NW '/, of Section 35; all in Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point on the north right-of-way for Appleby Road that is S 01°00'11" E 634.73 feet from the Northwest corner of said Section 35; thence along the right-of-way for Appleby Road S 89°26'53" W 525.83 feet; thence N 780 34'00" W 201.61 feet; thence S 74°50'34" W 103.15 feet; thence N 80°39'33" W 50.7 feet; thence N 84°54'52" W 202.81 feet; thence S 89°05'00" W 48.1 feet to the centerline of a creek; thence leaving said Appleby Road right-of-way and following the centerline of said creek as follows: N 08°55'00" W 84.0 feet; thence N 30°30'50" E 101.3 feet, thence N 08°37'45" E 380.83 feet: thence N 19°50'50" E 229.40 feet; thence N 33°28'00" W 310.3 feet to the South right-of- way line for U.S. Highway 71B; thence along the South right-of-way line for U.S. Highway 71B as follows: N 44°06'00" E 101.55 feet; thence N 49°22'00" E 104.26 :feet; thence N 52°54'00" E 154.2 feet; thence N 63°39'30" E 149.8 feet; thence N 81°16'20" E 207.7 feet; thence S 82°52'00" E 57.0 feet; thence S 83°5930" E 1.40 feet; thence N 69°53'40" E 350.57 feet; thence N .65°52'30" E 95.41 feet to the beginning of a curve, thence along a curve to the right having a radius of 30.0 feet, a central angle of 90°00'00" and an arc length of 47.12 feet (chord = S 69°0730" E 42.43 feet) to point on the west right-of-way line for North Hills Boulevard, thence along said right-of-way.S 24°07'30" E 115.38; thence along a curve to the right having a radius of 950.0 feet, a central angel of 28°00'48" and an arc length of 464.48 feet (chord = S 10°07'06" E 459.87 feet); thence along a curve to the left having a radius of 455.0 feet, a central angle of 30°47'08 and an arc length of 243.16 feet (chord = S 21°54'49" E 240.27 feet); thence leaving the west right-of-way line for North Hills Boulevard, N 89°28'20" E 660.17 feet; thence S 00°54'04" E 517.99 feet; thence N 89°28'20" E 420.40 feet; thence S 01002111 E 204.35 feet to the North right-of-way for Appleby Road thence along the right -of way for Appleby Road S 88°5322" W 178.00 feet; thence N 01°06'38" W 10.00 feet; thence S 88°53'22" W 40.00 feet; thence S 01°06'38" E 15.00 feet; thence S 88° 53'22" W 562.80 feet; thence N. 01°06'38" W 10.00 feet; thence S 88°53'22" W 20.00 feet; thence S 01°06'38" E 10.00 feet; thence S 88°53'22" W 514.95 feet to the Point of Beginning, containing 52.03 acres, more or less, as described on the Easement Plat for Washington Regional Medical Center 6/5/01.. UTILITY EASEMENT TO BE VACATED Beginning at the Southwest Comer of the above -described property, thence N 08°55'00" W 71.46 feet to the true point of beginning; thence East 302.09 feet; thence N 00°32'44" E 190.04 feet; thence N 14°42'59" E 180.50 feet; thence S 78°44'26" E 20.20 feet; thence S 14°42'59" W 179.11 feet; thence S 00°32'44" W 60.05 feet; thence East 59.74 feet; thence South 39.18 feet; thence East 5.00 feet; thence South 15.96 feet; thence West 65.44 feet; thence S 00°32'44" W 72.16 feet; thence East 65.15 feet; thence S 67°19'19" E 113.00 feet; thence S 82°10'17" E 101.59 feet; thence S89°58'56" W 119.49 feet; thence N 67°19'19" W 57.26 feet; thence S 01°16'53" W 22.06 feet; thence S 89°58'56" W 19.82 feet; thence N 01°16'53" E 30.34 feet; thence N 67°19'19" W 18.18 feet; thence West 61.33 feet; thence S 00°32'44" W 37.32 feet; thence West 20.00 feet; thence N 00°32'44" E 37.32 feet; thence West 298.76 feet; thence N 08°55'00" W 20.24 feet to the true point of beginning, containing 0.52 acres, more or less, as shown on the Easement Plat for Washington Regional Medical Center 6/5/01. Also, Beginning at the Southwest Corner of the above -described property, thence N 89°05'00". E 48.1 feet; thence S 84°54'52" E 107.33' to the. true Point of Beginning; thence N 27°35'23" E 215.18 feet; thence N 06°26'55" E 95.60 feet; thence N 52°1024" E 195.19 feet; thence S 45°00'00" E 42.30 feet; thence S 45°00'00" W 40.00 feet; thence S 54°56'42" W 143.85 feet; thence S 06°26'55" W 86.27 feet; thence S 27°35'23" W 206.07 feet; thence N 84°54'52" W 43.47 feet to the true Point of Beginning, containing 0.47 acres, more or less, as shown on the Easement Plat for Washington Regional Medical Center 6/5/01. Also, Beginning at the Northeast Corner of the Northeast Quarter of Section 34, thence following the easterly section line of said Section 34 S 01°0011" E 421.53 feet; thence West 636.95 feet to the True Point of Beginning; thence S4723'32" W 20.00 feet; thence N 42°36'28" W 40.10 feet; thence N 44°59'39" E 20.02 feet; thence S 42°36'28" E 40.94 feet to the true Point of Beginning, containing 0.02 acres, more or less, as shown on the Easement Plat for Washington Regional Medical Center 6/5/01. Also, Beginning at the Northeast Corner of the Northeast Quarter of Section 34, thence following the easterly section line of said Section 34 S 01°00'11" E 361.92 feet; thence West 690:73 feet to the True Point of Beginning; thence S 44°59'39" W 19.83 feet; thence N 42°36'28" W 86.06 feet; thence N 03°54'49" .E 3.74 feet; thence N 54°56'42" E 25.49 feet; thence S 03°54'49" W 11.26 feet; thence S 42°36'28" E 76.63 feet to the true Point of Beginning, containing 0.04 acres, more or less, as shown on the Easement Plat for Washington Regional Medical Center 6/5/01. Also, Beginning at the Northeast Corner of the Northeast Quarter of Section 34, thence following the easterly section line of said Section 34 S 01°0011" E 367.97 feet; thence West 266.06 feet to the True Point of Beginning; thence S 45°00'00" W 20.04 feet; thence N 41°15'23" W 70.46 feet; thence N 48°44'37" E 20.00 feet; thence S 41°1523" E 69.15 feet to the true Point of Beginning, containing 0.03 acres, more or less, as shown on the Easement Plat for Washington Regional Medical Center 6/5/01. RIGHT-OF-WAY TO BE VACATED A part of the NW Y< of the NW 1/4 of Section 35, Township 17 North, Range 30 West, Washington County, Arkansas, being more , particularly described as follows: From the Northwest corner of said section 35, run S 01°0011" E 362.02 feet; thence East 709.09 feet to the true POINT OF BEGINNING; thence S 79°2852" E 37.62 feet; thence along a curve to the right having a radius of 340.00 feet and an arc length. of 31.50 feet. (chord = S 07°3847" E 31.49 feet); thence N 79°28'52" W 36.39 feet; thence N 09°45'11" W 31.88 feet to the POINT OF BEGINNING, containing 0.03 acres, more or less, as shown on the Easement Plat for Washington Regional Medical Center 6/5/01. Y { J� Ti{` ^ � f � � � � � YI • / a � r� hf n=� _ aP .r. I Y C l� !I • y �• A n 11~��.. PyLQ` tl{`Ci. `YA >♦ }o f r; N v ;':dttaiit %n• / • • L 5 t/ i Ptyy I i \ v I 4 `lam _\ YKfGW • • u \ 1 Yy • �S ,,I. • t yi 1- ., o.•.n^tea _p l'� 1 cam`'_ ___ nir L r., VAC06-2139 One Mile View WRMC GI R-0 0 f ✓I oC G2 1 -A �"i "c I -;: �I-k _ L{-� 'r ILA l '�.-' _ 0 i 4'Y - I- r ! 1. II'' �lL' r \ �� 1 1 \1 \ \�-% �'`^o :> RA Y '.!`?^11 } - i V G`t Ex �ggA� — SUBJECT PROPERTY a"�' . r .G2 roi °o0G2 CZ 0.A \ +.� N 1- OI_— i I 1 G2 S, ar i __ F RT-12 :T- RSF xx , T V G2 , t 'r �` P >Fc rb I __ ..]^ 0' 1✓I. •li ' Rd Jl - r r r r 1 rc i Rhf�2 am--' J+ cJ _.. 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PlamlR9i Area[�jI VAC06-2139 L a000 o g Overlay Disfdd 000008 outside City Legend O Hillside -Hilltop O erlay District 00120.25 0.5 0.75 1 Mies From: Clarice Pearman To: Pate, Jeremy Date: 8.8.06 1:31 PM Subject: Ords. 4902, 4903, 4907, 4908 & 4909 Jeremy, Attached is a copy of the above ordinances passed by City Council, August 1, 2006. If anything else is needed please let me know. Thanks, Clarice CC: Audit; GIS NOR?HWES7 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 4908 Was inserted in the Regular Editions: ORDINANCE NO.4908 August 11, 2006 ANMI ORDINANCE APPROVING VAC AL MEDICAL E ICALTaye Publication Charge: $168.63 CINTED F R PROPERTY REGIONAL RTH OF [G] (r`J/ CENTER FOR PROPERTY LOCATED NORTH OF APPLEBY ROAD AND WEST OF NORTH HILLS BOULEVARD, VACATING ALL' UTILITY EASEMENTS ARKANSAS REFLECTED ON EASEMENT PLATS FILED FOR RECORD ON'APRIL 10, 201X1 (BOOK 16, PAGE 72), - NOVEMBER 29, 2001 (BOOK 17. PAGE 96) AND JUNE 03. 2003 (BOOK 23A. PAGE 47) AND Subscribed and sworn to afore me VACATING RATING A PORTION OF NORTH HILLS BOULEVARD RIGHT-OF-WAYASDESCRIBED ONEXHIB- IT This/ J day of , 20 6. 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 portions of the palled utility easements and portion of city right-ol-way are nor required for corporate purposes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IIC FAYETTEVIUE,ARHANSAS: Notary Pub Section 1: That the City Counoll of the City of Fayetteville, Arkansas hereby vacates all easements as described and depicted on the 2000 Washington Regional Medical Center Easement Plat fled lot record on April 10, 2000 (Book 16, Page 72). Section 2: That the City Council of the City of Fayetteville. Arkansas hereby vacates all easements as described and depicted on the 2001 Washington Regional Medical Center Easement Plat filed for 6). My Commission Expires: rectioo3N at th r CityCouncil the oay r section n ove the Ciry2001 of kg City of Fayetteville, Ahansas hereby vacates all easements as described and depicted on the 2003 Washington Regional Medical Center Easement Plat filed for record on June 03, 2003 (Bodo 23A, Page 47). Section 4: That the City Council of the City of Fayetteville. Arkansas hereby vacates a portion of North Hills Boulevard right-of-way as described on Exhibit 'A- and attached hereto, Section 5: That a copy of this Ordinance duly certified by the City Clerk along with an easement plat approved by the City of Fayetteville to replace all necessary and required easements for all utlllly company and city services shall be filed in the office of the Recorder of the County and recorded in Willi Sharlene D. ams the Deed Records of the County. Notary Public Section 6: That this vacation approval is subject to all conditions of approval listed in the Planning Commission staff report and shall not be In effect until all conditions are met therein. State of Arkansas PASSED and APPROVED this tat day of August. 2006. APPROVED: ATTEST: My Commission Expires By: By: October 18, 2014 DAN GOODY, Malay' SONDRA SMITH, CRY Clerk EXHIBIT 'A' VAC 062139 RIGHT-OF-WAY TO BE VACATED: A PART OF THE NW 1/4 OF THE NW 114 OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:.. FROM THE NORTHWEST CORNER OF SAID SECTION 35, RUN S 01°00'IP E 362.02 FEET; THENCE EAST 709.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 79°2852' E 37.62 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 340.00 FEET AND AN ARC LENGTH OF 31.50 FEET (CHORD = S 07°3847' E 31.49 FEET); THENCE N 79°28'52 W 36.39 FEET, THENCE N 09'45'11' W 31.68 FEET TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES. MORE OR LESS. AS SHOWN ON THE EASEMENT PLAT FOR WASHINGTON REGIONAL MEDICAL