Loading...
HomeMy WebLinkAboutOrdinance 4921 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII D D 10433 2o003 Tv08 ! Fee Ado i0/ 00/pane SLo 1324 . 13 AM . 2ta cor Mashlnaton County . AR 7801. File k ORDINANCE NO, 4921 AN ORDINANCE WAIVING CHAPTER 171 .05 (C) OF THE UNIFIED DEVELOPMENT CODE AND APPROVING VAC 06- 2221 SUBMITTED BY KIRK ELSASS FOR PARADISE POINT LOCATED ON LOTS 1 AND 2 OF SEXTON POINT FINAL PLAT, VACATING 0.30 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 hereto waives Chapter 171 .05 (C), Procedure for Closing Utility Easements and Street Rights-of-way, waiving the requirement for a recommendation by the Fayetteville Planning Commission concerning said vacation. Section 2 : 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 3 : 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 4: That this vacation approval is subject to the following conditions of approval and shall not be in effect until all conditions are met therein: 1 . The vacation of said utility easement is subject to the dedication of new easements to the City of Fayetteville for future water and sewer use. New easement location and size shall be determined by the City of Fayetteville and recorded prior to issuance of a building permit. 2. Any relocation of existing utilities shall be at the ��o�•�RK%TR ''�.,,,� owner/developers expense. �� , . • age * SG rha.. G\SY O,c •.�P� PASSED and APPROVED this 5h day of September, 2006. ; FAYETTEVILLE : APPROVED: ATTEST: 9s°9RkANSP.J= By: AlYl By: Iic ti 1 DAN COODY, ayor S NDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2221 LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1 AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23 , CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE NORTHWEST CORNER OF SAID LOT 1 , RUN S 29 42140" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 1304'59" E, 25 .32 FEET; N 8558 '47" W, 150.09 FEET; S 2804T33" E, 210. 17 FEET; S 1507'08" W, 25.59 FEET; N 86033120" W, 8.71 FEET; N 2845 ' 55" W, 240.08 FEET; N 85058147" W, 111 .85 FEET; N 02 25 '36" E, 25 .01 FEET; S 8558 '47" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. 1 } City Council Meeting of September 05, 2006 �l�! Agenda Item Number e-1 V//C 76 22621 CITY COUNCIL AGENDA MEMO �� �i5 To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: August 30, 2006 Subject: Easement Vacation for Paradise Point (VAC 06-2221 ) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating the utility easements filed for record on Lots I and 2 of Sexton Point final plat. BACKGROUND The subject property consists of Lots 1 and 2 of Sexton Point final plat and contains approximately 1 .55 acres located west of Crossover Road. It is south of AHEC and surrounded by a golf course to the west and south. On November 28, 2005, the Planning Commission voted 9-0-0 to recommend forwarding a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district to the City Council. The City Council approved the R-PZD on January 3, 2006 with all conditions and recommendations made by the Planning Commission and a modification to the access was approved in March of 2006. The approval of the large scale development was conditioned upon vacation of a utility easement on which the structure was proposed. The applicant is in the process of requesting building permit approval for this development. Prior to receiving a permit the existing utility easement must be vacated, for the building encroaches into the existing easement. Therefore, the applicant requests to vacate the 25 ' utility easement that is located on the property. The applicant shall file an easement plat prior to issuance of a building permit 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. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. Though submitted through the City's required vacation review process, this item was not heard by the Planning Commission; thus, no discussion or vote has been forwarded. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE WAIVING CHAPTER 171 .05 (C) OF THE UNIFIED DEVELOPMENT CODE AND APPROVING VAC 06-2221 SUBMITTED BY KIRK ELSASS FOR PARADISE POINT LOCATED ON LOTS 1 AND 2 OF SEXTON POINT FINAL PLAT, VACATING 0.30 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 hereto waives Chapter 171 .05 (C), Procedure for Closing Utility Easements and Street Rights-of-way, waiving the requirement for a recommendation by the Fayetteville Planning Commission concerning said vacation. Section 2: 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 3 : 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 4: That this vacation approval is subject to the following conditions of approval and shall not be in effect until all conditions are met therein: 1 . The vacation of said utility easement is subject to the dedication of new easements to the City of Fayetteville for future water and sewer use. New easement location and sire shall be determined by the City of Fayetteville and recorded prior to issuance of a building permit. 2. Any relocation of existing utilities shall be at the owner/developer's expense. EXHIBIT "A" VAC 06-2221 LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1 AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOT 1 , RUN S 29 42140" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 1304'59" E, 25.32 FEET; N 8558'47" W, 150.09 FEET; S 28 47'33" E, 210. 17 FEET; S 15 07'08" W, 25.59 FEET; N 86 33720" W, 8.71 FEET; N 2845155" W, 240.08 FEET; N 8558947" W, 111 .85 FEET; N 02 25 '36" E, 25.01 FEET; S 8558147" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. VAC06-2221 EXHIBIT " B " Close Up View PARADISE POINT ® . o ' IDTCF BLVD_ SUBJECT PROPERTY R)4F-24 H t /j KA 0 o U yY;? Overview Legend 000 ,000 0 ay OsOct — FLOOMAY -- 500 YEAR 0 — 100YEAR --- LIMUOFSTUDY - - We bne Profile D Fayetteville (� Dutffife a1Y M VAC06-1121 [ Ya ccGMFootprint_2 ® utI e-mltm Overlay D'¢biq 0 75 150 700 450 600 Feet < H12 ENGINEERING, INC. City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: Planning Staff Re: Paradise Point Easement Vacation Dear Staff, This correspondence is a written description of the petition to vacate a portion of an existing utility easement lying on Lots 1 and 2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas. The current owner of the property is Paradise Point LLC. A residential / commercial PZD, currently in the city review process, will encompass lots 1 and 2 of Sexton Point. The presence of the utility easement splits this property in half and creates some design challenges which could be resolved by rededicating utility easement space further south, allowing a building to be placed in the easement to be vacated. We have provided the utility companies with assurances that new utility easements will be dedicated with the proposed development and the owner will incur the cost of relocating any existing utilities within the easement. Thank you for your consideration in this matter. If you should have any questions or comments, please call me at 5824234. Sincerely, Jerem Th ps n, P.E. Project)Engineer H2 En 'neering, Inc. ,l t PETITION TO VACATE A UTILITY EASEMENT PETITION TO VACATE A UTILITY EASEMENT LOCATED ON LOTS 1 AND 2 OF SEXTON POINT (PARADISE POINT) IN 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 utility easement hereinafter sought to be abandoned and vacated, lying on Lots I and 2 of Sexton Point (Paradise Point) in Fayetteville,_ Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: SURVEY DESCRIPTION: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29042140" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13004159" E, 25.32 FEET; N 85058'47" W, 150.09 FEET; S 28047'33" E, 210. 17 FEET; S 15007'08" W, 25.59 FEET; N 86033'20" W, 8.71 FEET; N 28045755" W, 240.08 FEET; N 85058147" W, 111.85 FEET; N 02025'36" E, 25.01 FEET; S 85058'47" E, 29637 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the utility easement are adjacent to Lots I and 2 of Sexton Point (Paradise Point) in 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, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of - Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Dated: l Printed Name: 1 el'� C. Signature: Q1002�� Printed Name: Signature: d 11�anae IT .v. .v-... f Yv'4 4 .. .: � • .S —Q � mss'-, �► 0 ^/ tsFt s. lel +N J • .� /100 - M X17 z d. of •� �.� do 4.Z 5� T v K � r Z '411 t� J its i b v� J .Zo } JL Z y .tC -� u - u 0 ti I /x� d Y p V - --� u � � ,, '• 1 W OJ x� v c .k•Y jDJJU S ■ OO L� 1 �L OW &Ul.tti.i < H12 ENOINEERINUM Imcm City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: Planning Staff Re: Paradise Point Easement Vacation Dear Staff, This correspondence is a written description of the petition to vacate a portion of an existing utility easement lying on Lots 1 and 2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas. The current owner of the property is Paradise Point LLC. A residential / commercial PZD, currently in the city review process, will encompass lots 1 and 2 of.Sexton Point. The presence of the utility easement splits this property in half and creates some design challenges which could be resolved by rededicating utility easement space further south, allowing a building to be placed in the easement to be • vacated. We have provided the utility companies with assurances that new utility easements will be dedicated with the proposed development and the owner will incur the cost of relocating any existing utilities within the easement. Thank you for your consideration in this matter. If you should have any questions or comments, please call me at 582-4234. Sincerely, t ps n, P.E. gineereering, Inc_ CITY OF FAYETTEVILLE, ARKANSAS Right-of-Way, Easement or Alley VACATION Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda wail this informa&n is furnished Application ' Indicate one contact person for this request: Applicant X Representative Applicant (person making request): Representative (engineer, surveyor, realtor,.ete.): Name- Kirk Elsass Name- H2 Engineering, Inc. E-mail- kirkelsass@aol.com E-mail- • Address- 3900 Front Street Address- 2758 Millennium Dr. Fayetteville AR 72703 Suite I Fayetteville, AR 72703 Phone- Phone- _(479) 841A321 (479) 582A234 Fax- . Fax- (479) 527-8835 (479) 582-9254 Site Address / Location: Sexton Point Lots 1&2, (Paradise Point) Current Zoning District: RMF-24 Assessor's Parcel Number(s) for subject property: 765- 17043-000 & 765-17044-000 Financial Interests - The following entities and / or people have financial interest in this project: Kirk Elsass • P. • I• APPLICANT/REPRESENTATIVE: I certify answers herein made all data, information, and t of my knowledge and belief, true and correct. I is grounds for invalidation of application compli City might not approve what I am applying for, PROPERTY OWNER(SJAOTHORIZED AGEP owner (s) of the property that is the subject of this i its filing. (If signed by the authorized agent, a let agent is authorized to acton his/her behalf.l Owners (attach additional info if necessary): Signs Date: penalty of perjury that the foregoing statements and e herewith submitted are in all respects, to the best tand that submittal of incorrect or false information , determination, or approval. I understand that the it set conditions of approval. Date: February 2, 2006 'I/we certify under penalty of perjury that I am/we are the ation and that Uwe have read this application and consent to Address- 3900 Front Street Fayetteville, AR 72703 Phone - (479) 841-4321 Address- Phone - February 2004 02/10/2005 FRI 10:12 FAX 479 575 961E BRONSON ABSTRACT BRONSON ABSTRACT CO., INC. Abstracts Title Insurance February 9, 2006 H2 Engineering, Inc. 2758 MIllenium Drive, Suite 1 Fayetteville, AR 72703 Facsimile 479-582-9254 • •', 1 1 • 1 I002/O02 Escrows 3810 Front Street Suite 5 Fayettevifle, AR 72703 479 442-2700 Telecopier 479 442.8475 / 1 nul , . • • 1.1 • :1 . . i.-, .1 • u - : • 1 1 ` : s 1 p' • n l • 14- names • the ..• .vrwl propertyownership 1 1.1 •.•1 1'1'1 . IJ . 1' • 1'11 p. l :1 - Y • - 1 1 owned • ' n .,• `l ' •• , 1 1 1. , 1 1 a stop n, 1! v • 1 I 1resaiI v I 1,E I ein / • l • 1LumberCompany, partnership • II Y ws and .4 HI :n-, 1Sexton, 1 •-11i4 .111 • 11 , :." 1 - .: .•:1 ✓ number , " •• 1 Y. 11' • .:1 :1.1111: 11 .,11:1111 IL.N . •iBronson 1 Operating l •1 • n� FIRST AMERICAN TRtE B•b11RANtg Co. PETITION TO VACATE A UTILITY EASEMENT • PETITION TO VACATE A UTILITY EASEMENT LOCATED ON LOTS I AND 2 OF SEXTON POINT (PARADISE POINT) IN 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 utility easement hereinafter sought to be abandoned and vacated, lying on Lots I and 2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: SURVEY DESCRIPTION: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS I AND 2, RUN S 29042'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13004'59" E, 2532 FEET; N 85058'47" W, 150.09 FEET; S 28047'33" E, 210.17 FEET; S 15007'08" W, 25.59 FEET; N 86033'20" W, 8.71 FEET; N 28045'55" W, 240.08 FEET; N 85058'47" W, 111.85 FEET; N 02025'36" E, 25.01 FEET; S 85058'47" E, 29637 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the utility easement are adjacent to Lots I and 2 of Sexton Point (Paradise Point) in 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, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Printed Namc Signature: Printed Name: Signature: • • ADJACENT PROPERTY OWNER NOTIFICATION F FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: February 2, 2006 Address / location of vacation: Sexton Point, Lots I & 2 (Paradise Point) Adjacent property address: 1183 Joyce Street Blvd, Ste 2, Fayetteville, AR 72703 REQUESTED VACATION: I have been notified of the petition to vacate the following easement, described as follows: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET; N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W,25.59 FEET; N 86°33'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; • N 02°25'36" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING. ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. ❑ I do not object to the vacation described above. ❑ I do object to the requested vacation because: Name of Property Owner (printed) • Signature of Property Owner / \ 2 rte` \\ ) ,: \ , Kaylor I ■ • O 0.rLWIT1.14.646 ro INDSEY FAMILY TRUST 1183 JOYCE BLVD STE 2 FAYETTEVILLE AR 72703 �, • 0 :** NE�OL S€IQWCE FayCetteville Craft t72703-5199 02/03/011 09:45AM Store LISPS Trans 8 Wkstn sys5003 Cashier KCOQPG Cashier's Name ANNA Stock Unit Id WINANNA Phone Number 479-973-0875 LISPS 1 0451330190 1. First Class 4,64 Destination: 72703 Wei t: 0.80 oz. Postage Type: PVI Total Cost: 4,64 Base Rate: 0,39 SERVICES Certified 7005033990000307287580 2'40 Rtn Recpt (Green Card) 1.85 Subtotal 4,644.64 Total VISA 4.64 <23-902846518-97> VISA ACCT. NUMBER CLERK ID AUTH A 0175300 CREDIT TRANS 9 303 0 ALL SALES FINAL ON STAMPS AND POSTAGE. REFUNDS FOR GUARANTEED SERVICES ONLY. Number of Items Sold: I Thank You Please come again! 12- 2-05; 4:43PM;ARKANSAS WESTERN GAS 11-JO-G4S: 4:01PM lot-'3u-zuu! ov:uepm Prom-srt tn911. Ina +4r9e9ZUZ04 :4796828266 a 2i 3 +4796829264:8 2 l -34Z Y.9UZN93 1-914 6 ■ ry a i.. i. i.' 1'.. q' 1. _ '. L i. • DATE, 1. z 11 MUE VACATION(Wft&W o lt*.adaye►fir): a RlSbs4 ny fir ailcy sects awl ugsaft eaanInhdatheat1*.at. wy. C Alley . o anaa4ar— 4'999 d.U9$A CCMW D P4.3 AUG-25-2005 TNU 09:40 AN , P. 02 r. DAB I' 17— 2-ooS vr umyEasannd o RigM M-wa0' far aft Of Shads And W abTq IoColDd al7dt the vwoicd djt- d- way. o ABA Q Stand do"f-wa7 rp II'I..: .1 1.111.._1 \ - _1'..\ 1 :, .. 1 ., .. "L 1 _.1 s I J •r 11 •I'..I' � •Y.,I IIJ rit I _.1. 1\ ;. , ...1 1.1. I _ • 1.1 '.. 1\ 1 - ..: 1 \II L!Y .1 'q 1 11 • -I • '\ L11 1 _`YP. .1 r.: -. \I:• . .I .111.1.1 11111 _I." 1 1.• .I I 1II 1 1 • 1 I IL1 1 1 •.11.1.'11' -I: rIL1 CF t £M%mC4IEWIP w.J • I] • Lynda Palmer Manager -Engineering (ROW) Right-ol-Way (501) 373-5255 Phone (501) 373-x634 Fax lynda.palmer@shc.com December 21, 2005 H2 Engineering, Inc. Attn: Jeremy Thompson 2758 Millennium Drive Suite 1 Fayetteville, AR 72703 Dear Mr. Thompson: RE: Easement reduction - Charleston Place S/D - Fayetteville SBC Southweslem Bell Telephone Company 1111 West Capitol, 941 Little Rock, AR 72201 Please find enclosed SBC Southwestern Bell Telephone's concurrence in your request to relinquish our interest in the above referenced area. This concurrence must be recorded at the Washington County Courthouse in the Circuit Clerk's office to be complete and legal. I would appreciate you returning a copy of the document to me at the above address for my files. If you have any questions or comments, please call me at 501-373-5255. Sincerely,. 'r- - attachments • CONCURRENCE TO RELEASE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the release of a dedicated utility easement, to - wit: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W; 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET; N 85°58'47" W, 150.09 FEET; S 28°4733" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET; N 86°3320". W, 8.71 FEET; N 28°45'55"W; 240.08 FEET; N 85°58'47"W, 111.85 FEET; N 02°2536" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING. Signed and executed this 219 day of December, 2005. By: )4bccd F. J a Davis Dir r-Engineering/Construction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF FAULKNER On this the day of December, 2005, before me, the undersigned authority, duty commissioned and qualified in and for the state and county set forth above; personally came and appeared F. Jean Davis, who, after being duly sworn, declared. that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, and that he executed the foregoing instrument as the act and deed of said company of his own free will and for the purposes and considerations therein ecpressed and with due authority. 2;3'whereof I hereunto set my hand and official seal. otip 4Arlj - tRivfi¢ 72aom v41 L a E. Sommerfeldt Palmer 72201(501-373-5255) Notary Public in and for Faulkner Co: My commission expires 8/11/2011 12/07/05 WED 17:15 FAX 501 973 2326 SWEPCO ENG 0002 Dec -01-2005 05:25pm Frocr-HZ Enai;ing +4165528254 T-353 P.002403 F-057 i • IF NI 1! •��„I' �! ._� � 'fit N-I >, •tl, .....: I .... .t• - - • .+t __L.• t.i.. ii III t .• ■ I. . .• :..... .:. Is... 3. ..:..:ir .. . :.: ....n Sr 70, A.U9991YACA78m"7O Title UTILITY APPROVAL FORK, FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: lllPwM E. I' 4_fliIr FJr It hi ❑ Alley O Street right-of-way (Inchnk legal desarption and grrophic rswemataS l of what it bebw ) IrIn1TY COMPANY COMMENTS: ANo objections to the vacatioo(s) dcsaibW above. ❑ No objections to the vacatioo(s) darnibed above, provided following dcsarbed easemrms are retained. (State the location, d®easions, and purpose below.) May la 1999 A 1r999tVAC47E WED Paso S UTILITY APPROVAL FORM i, • FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: February 3, 2006 UTILITY COMPANY: Fayetteville Street Dept. c/o Perry Franklin REQUESTED VACATION (applicant must check all that apply): Il) Utility Easement ❑ Right -Of -way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: Sexton POINT, Lots 1&2, (Paradise Point) LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1 AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET • N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET' N 86b33'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02°25'36" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. • UTILITY 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.) Y0 is RECEIVED MAR 202006 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: February 3, 2006 UTILITY COMPANY: Fayetteville Solid Waste Dept. c/o Travis Dotson REQUESTED VACATION (appicata mast check all that apply): ID Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. O Alley Cl Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: Sexton POINT, Lots 1&2 (Paradise Point) LEGAL DESCRIPTION FOR UTILITY. EASEMENT TO BE VACATED ON LOTS I AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): • A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, • • CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2,. RUN S 29°42'40" W, 79.92 FEET TO THE. POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET• N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET• N 86b33'20" W, 8.71 FEET; N 28°4555" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02d25'36" E, 25.01 FEET; S 85°5847" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. Cl No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility mpany Rntative 9 rc.P2L. said �JQ *O 1&p tic oa(oq /oc .7f: Li Kaylor UTILITY APPROVAL FORM FOR RIGHT -OF-WAY, ALLEY, AND 1f11LITY EASEMENT VACATIONS DATE: February 3, 2006 UTILITY COMPANY: , Fayetteville Water & Sewer Dept. do Dave Jergens REQUESTED VACATION (applicant must check all that apply): ID Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Streettight-of-way I have been notified of the petition to vacate the following (alley, easement, rightof-way), described as follows: General location / Address: Sexton POINT, Lots 1 &2, (Paradise Point) LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS I AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): • A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET• N 85°58'4r W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET• N 86633'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47' W, 111.85 FEET; N 0262536" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. UTILITY COMPANY COMMENTS: O No objections to the vacation(s) described above. No objections to the vacation(s) descn'bed above, provided following described easanents are retained (State the location, dimensions, and purpose below.) • I PETITION TO VACATE A UTILITY EASEMENT PETITION TO VACATE A UTILITY EASEMENT LOCATED ON LOTS 1 AND 2 OF SEXTON POINT (PARADISE POINT) IN 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 utility easement hereinafter sought to be abandoned and vacated, lying on Lots 1 and 2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: SURVEY DESCRIPTION:. A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOT 1, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET; N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25,59 FEET; N 86°33'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02°25'36" E, 25.01 FEET; S 85°58'47" E, 29637 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the utility easement are adjacent to Lots 1 and 2 of Sexton Point (Paradise Point) in 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, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Dated: Printed Name: �} ✓-- Signature: Printed Name: Signature: RECEIVED AUG 31 20(;s ooFsyut ENGINEERING, INC. City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: Planning Staff Re: Paradise Point Easement Vacation Dear Staff, This correspondence is a written description of the petition to vacate a portion of an existing utility easement lying on Lots 1 and 2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas. The current owner of the property is Paradise Point LLC. A residential / commercial PZD, currently in the city review process, will encompass lots I and 2 of Sexton Point. The presence of the utility easement splits this property in half and creates some design challenges which could be resolved by rededicating utility easement space further south, allowing a building to be placed in the easement to be vacated. We have provided the utility companies with assurances that new utility easements will be dedicated with the proposed development and the owner will incur the cost of relocating any existing utilities within the easement. Thank you for your consideration in this matter. If you should have any questions or comments, please call me at 582-4234. Sincerely, Jerem Th p n, P.E. Project ngineer H2 En sneering, Inc. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished Application: Indicate one contact person for this request: _ Applicant X Representative Applicant (person making request): Name- Kirk Elsass Representative (engineer, surveyor, realtor, etc.): Name- H2 Engineering, Inc. E-mail- kirkelsass@aol.com E-mail- Address- 3900 Front Street Fayetteville, AR 72703 Phone - (479) 841-4321 ( Fax - (479) 527-8835 Address- 2758 Millennium Dr. Suite I Fayetteville, AR 72703 Phone - (479) 582-4234 Fax - (479) 582-9254 Site Address / Location: Sexton Point Lots 1&2, (Paradise Point) Current Zoning District: RMF-24 Assessor's Parcel Number(s) for subject property: 765-17043-000 & 765-17044-000 Financial Interests The following entities and / or people have financial interest in this project: APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions of approval. Name (printed):emy.spon Date: February 2, 2006 PROPERTY OWNER(SMAUTHOR!ZED AGENT: I/we certify under penalty of perjury that I am/we are the owner (s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from eachproperty owner must be provided indicating that the Owners (attach additionl info if necessary): Name (printed): Kirk E (sass Address- 3900 Front Street Fayetteville, AR 72703 -ch::Signature: Date: ebruary 3, 20 6 Phone - (479) 8414321 Name (printed): Signature: Date: Address- Phone - February 2004 02/10/2006 FRI 10:12 FAT 479 575 961E BRONSON ABSIRACT Q 002/002 BRONSON ABSTRACT CO., INC. Abstracts Title Insurance February 9, 2006 H2 Engineering, Inc. 2758 NTlllenium Drive, Suite I Fayetteville, AR 72703 Facsimile 479-582-9254 Escrows 3810 Front Street Suite 5 Fayetteville, AR 72703 479 442-2700 Telecopier 479 442.8475 Re: Adjacent property ownerships — Paradise Point, LLC 1 1 1 111, I I Y'r 1 1 11111 hasY 1 1 1 Y .1 : "r:•1 1 11records1 ': shin 1 1 \ 111 \ a: 1 '•: 1 - 1 .111 1 1 •J .:YYI 11 \ 1r \ • 1 1 1 1 1: ICI Yi 1 1 1 1 I 1 :1 r - I I ' 1 :1 ' 1 1 11 1 1 M I 11 ' 1 1111 :II 1-' 1 11 1" '•: 1 ill 1 V 1 41 1 1 I( •_ 1 . • :A \ • 1 :1 1 I 1 11 ♦V :111 �. n 1 sV e 1 y :s • 1 1 < 111 . B . 11 1,:11 1 :1 11 - ':1 1 11 V :d! :IIU :1 . I :IL, y ', - . 1 1 1 :11 . :11 . - 1 �. s 1' 1: ,•:I Y- ❑ 111 e 1 : YI 11• 1 , LI rntrI 1 1 : Ir \ nl :II 1 1 11 Y4 \ 1 i I In 11 PETITION TO VACATE A UTILITY EASEMENT PETITION TO VACATE A UTILITY EASEMENT LOCATED ON LOTS I AND 2 OF SEXTON POINT (PARADISE POINT) IN 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 utility easement hereinafter sought to be abandoned and vacated, lying on Lots I and 2 of Sexton Point (Paradise Point) in Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement which is described as follows: SURVEY DESCRIPTION: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS I AND 2, RUN S 29O42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13O04'59" E, 25.32 FEET; N 85O58'47" W, 150.09 FEET; S 28O47'33" E, 210.17 FEET; S 15O07'08" W, 25.59 FEET; N 86O33'20" W, 8.71 FEET; N 28O45'55" W, 240.08 FEET; N 85O58'47" W, 111.85 FEET; N 02O25'36" E, 25.01 FEET; S 85O58'47" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the utility easement are adjacent to Lots I and 2 of Sexton Point (Paradise Point) in 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, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Dated: (° Printed Name Signature: Printed Name: Signature: 0�j-003�� ADJACENT PROPERTY OWNER NOTIFICATION F�RJI FOR RIG IHT-OF WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: February 2, 2006 Address / location of vacation: Sexton Point, Lots I & 2 (Paradise Point) Adjacent property address: 1183 Joyce Street Blvd, Ste 2, Fayetteville, AR 72703 REQUESTED VACATION: I have been notified of the petition to vacate the following easement, described as follows: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET; N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET; N 86°33'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02°25'36" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING. ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. ❑ I do not object to the vacation described above. ❑ I do object to the requested vacation because: Name of Property Owner (printed) Signature of Property Owner 1 L • t :11 N 1 I I N I I I I I II II ! U1 U'' I 1 1 II 'I 1 i Ii 1: C well very mtormati fl... I-.,; . 4.64 {MIIT ID: 0190 Hero Clerk: KC0GPG 02/03/06 r -%q ; NDSEY FAMILY TRUST roe0 1183 JOYCE BLVD STE 2 spa FAYETTEVILLE AR 72703 UMPEDSTISTES PO ***** WELCOME TO ***** CFayetteville Craft t72703-5199 02/03/04 09:45AM Store LISPS Trans 8 Wkstn sys5003 Cashier KCOOPG Cashier's Name ANNA Stock Unit Id WINANNA PA Phone Number 479-973-0875 USPSS 0451330190 1. First Class 4,64 Destination: 72703 Weight; 0.80 oz. Postage Type: PVI Total Cost: 4,64 Base Rate: 0.39 SERVICES Certified 2.40 90000fi 307287580 Rtn Recpt (Green Card) 1.85 Subtotal Total 4.64 6 VISA 4.64 <23-902846518-97> VISA ACCT. NUMBER CLERK ID AUTTH 01753O xCREDIT TRA10 NS it 302 ALL SALES FINAL ON STAMPS AND POSTAGE. REFUNDS FOR GUARANTEED SERVICES ONLY. Number of Items Sold: I Thank You Please come again! 12- 2-06; 4:43PM;ARKANSAS WESTERN GAS Nov -au -nut u6:uapm tram-& tan, ing »rmaetUzu4 ;4796828268 # 2/ 3 +479682925410 2 I -34z P.UUZ/UU! I -m14 V DAM �lti .rt t:'1{Ai' :1/11u 1'c ...V ,1 III ..:— �.:.�.•� a 'r I Iil 1 •.11 -In rI • /1 .111 . I'll nl )i.'II L I !'I.I i/ 11 JI 1 . •I 111 �.1 11 ' 111 L• Il.•.&'•'I 1 1 •I• .I I'.: VIII .1 11. YI 1 t714r I.iTor Y . . 1.' I ,♦ 11111 1 I I 11 11 May14 1999 jVA CUElllPD *3 AUG-25-2005 THU 09;40 AM it I i � : H: 1•• 'll f;r. l:4 DAI& f ' 17- 2-dlO5 REQUES'IT VACATIONGwpfi=dnit chat dA k utilkyEasanna Q RigL'd-ter for alley or Sheds =d all ulililyemcmc as heed wid t the v=dcd way. Q Aft Q SutndS td way / 1 ./I x1111./1 II 1" L 1 111.1 I 4{I: 1' 1 rl IIr r 1.. J14rJ {'iI 1 •In .1 ICI ♦r=r.,?r--.Lz!:uS•1I 11 'J IL..{ILIIU 11. 'I r .1._.L L_ II a :.I Lr. p.:-- .1• -I r is 11 In .. r. r',' n..Y Ir .1 'yl L1 I r nl-.1 .II' 1_.. .1 r.: /I.. •r'1. ,111 I1 .IY{II'I'I •1111 Y1.1.1• 11I III I I^1 p1 l:1 - r :11\ �1 it1.•111 r /n ll. '1✓r o tr Ll MI WW hj.S if n Lynda Palmer SBC Southwestern Bell Manager -Engineering (ROW) Telephone Company Right -of -Way 1111 West Capitd, 941 (501) 373-5255 Phone Little Rock, AR 72201 (501) 373-4634 Fax lynda.palmer@sbc.com - December 21, 2005 H2 Engineering, Inc. Attn: Jeremy Thompson 2758 Millennium Drive Suite 1 Fayetteville, AR 72703 Dear Mr. Thompson: RE: Easement reduction - Charleston Place SID - Fayetteville Please find enclosed SBC Southwestern Bell Telephone's concurrence in your request to relinquish our interest in the above referenced area. This concurrence must be recorded at the Washington County Courthouse in the Circuit Clerk's office to be complete and legal. I would appreciate you returning a copy of the document to me at the above address for my files, If you have any questions or comments, please call me at 501-373-5255. Sincerely, attachments CONCURRENCE TO RELEASE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone 12, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the release of a dedicated utility easement, to - wit: A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN• S 29°42'40" W; 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET; N 85°58'47" W, 150.09 FEET; S28°4733" E, 210.17, FEET; S 15°07'OB" W, 25.59 FEET; N 86°3320" W, 8.71 FEFT; N 28°45'55"w; 240.08 FEET; N 85°58'47".W, 111.85 FEET; N 02°2536" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING. Signed and executed this �AT day of December, 2005. By: F. J Davis Dir r-Engineering/Construction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF FAULKNER On this the &L day of December, 2005, before me, the undersigned authority, duty commissioned and qualified in and for the state and county set forth above, personalty came and appeared F. Jean Davis, who, after being duty sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, and that he executed the foregoing instrument as the act and deed of said company of his own free will and for the purposes and considerations therein pc ressed and with due authority. tat,";;;,`,�fY whereof I hereunto set my hand and official seal. t,QTARpow � UaUG - '''rin°srru i' repvreabySBC `C7Lf1RrN.C&Room 941 Ly a� ldt Palmer o4�4R=-i"'�201(501-373-5255) Notary Public in and for Faulkner Co. My commission expires 8/11/2011 12/07/05 WED 17:15 FAX 501 973 2326 SWEPCO ENG 11002 Decr07-ZOOS 05:25p■ From -HZ Enai• -jug +4795519254 T-353 PAS2403 FOB7 DAM I a, g 05 a J nr: . r lilt \ ■ -I.. II.,, II ..I. ' Iq' ..r.. _ I J I.... - .I %rrv. rn . ir. ... ..1 •r r p.._ r..r �I. I • rr . . iry ..'rl... ' r. ♦r.. ... Ii •L LI:I ■ . r. _ It i . -.. I, r 1 _ I. ; I I r I— -I -1 .I I'. _ .1 II 11 ., .11.. L fI .r.,. - r i A i .J 1 r / . l 1. 1 ti L !("!Q In' A iJ %c¼V4C47tnO llglcS ry UTII,ITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: LII)IPIi'&sI)Ij1b',_.o- REQUESTED VACATION (applicant must check g4 that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility casements located within the vacated right- of -way. O Alley I :w . 1 , . II 4 l Y lit 1 Y:I 11,- . 1•• 1 , , •v .I It4JiT, , :. I:1 __d� 1 ,„ .-,,,,� I • I' •• I Ip II 1 1 1 :. 1- n 1 1 1 ILL LYOY 1 .1 L1.1 Tide Pr May 10, 1999 A.VmVAGA?KVV'PD Page S UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: February 3, 2006 UTILITY COMPANY: Fayetteville Street Dept. c/o Peny Franklin REQUESTED VACATION (applicant must check all that apply): Utility Easement O Right -6f -way for alley or streets and all utility easements located within the vacated right-of-way. O Alley O Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: Sexton POINT, Lots I&2, (Paradise Point) LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1 AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET- N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET- N 86633'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02d25'36" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. UTILITY COMPANY COMMENTS: xNo objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions; and purpose below.) r v � Title I I '1 Date I 576 BZZ7 D MAR20 0 2006 UTILITY APPROVAL FORM FOR RIGHT -OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: February3, 2006 UTILITY COMPANY: Fayetteville Solid Waste Dept. c/o Travis Dotson REQUESTED VACATION (applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: Sexton POINT, Lots l&2, (Paradise Point) LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS I AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS I AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE. POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FE • N 86633'20" W, 8.71 FEET; N 2845'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02d25,36" E, 25.01 FEET; S 85°5847" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. UTILITY 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.) Signature of Utility ompany Rintative C om n2. c D &,f,/ .)Q p 4e Yule Date ri a T 14L 1 UTILITY APPROVAL FORM FOR RIGHT -OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: February 3, 2006 UTILITY COMPANY: Fayetteville Water & Sewer Dept c/o Dave Jergens REQUESTED VACATION (applicant must cheek all that apply): © Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. O Alley O Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: Sexton POINT, Lots 1 &2, (Paradise Point) LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1 AND 2 OF SEXTON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS 1 AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13-23, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOTS 1 AND 2, RUN S 29°42'40" W, 79.92 FEET TO THE POINT OF BEGINNING, THENCE S 13°04'59" E, 25.32 FEET • N 85°58'47" W, 150.09 FEET; S 28°47'33" E, 210.17 FEET; S 15°07'08" W, 25.59 FEET' N 86633'20" W, 8.71 FEET; N 28°45'55" W, 240.08 FEET; N 85°58'47" W, 111.85 FEET; N 02125'36" E, 25.01 FEET; S 85°58'47" E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS. UTILITY COMPANY COMMENTS: O 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.) Emily Dockery - Scan to Email Page 1 From: "H2 Engineering" <416@h2ei.net> To: <edockery@ci.fayetteville.ar.us> Date: 9/5/06 1:19PM Subject: Scan to Email Scanned to your email using a WorkCentre Pro System. Numerise vers votre adresse electronique via un systeme WorkCentre Pro. Die Datei wurde zur E-Mail-Verteilung mit Hilfe eines WorkCentre Pro gescannt. Scansione su e-mail eseguita con un sistema WorkCentre Pro. Escaneado a su correo electronico utilizando un WorkCentre Pro System. Digitalizado para o seu e-mail usando um WorkCentre Pro. eL V Parcel No. 765-13249-000 CORRECTION WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: Doe ID: 010340270004 TVDO: REL Recorded: 09/01/2006 at 04:01:17 PM Fee Amt: $17.00 Paae 1 of 4 Washlnaton County. AR Bette Stamos Circuit Clerk. F1102006-00036441 That Lindsey Family Trust, G. A. Sexton and Elsie D. Sexton, husband and wife, and J. W. Reynolds Lumber Company, a partnership, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situate in the County of Washington, State of Arkansas, to -wit: PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 29 West, Washington County, Arkansas, more particularly described as follows: from the Northwest corner of said Southwest Quarter, Northwest Quarter; run East 834.59 feet; thence South 484.45 feet to the point of beginning; thence 585° 55' 23" E a distance of 134.43 feet; thence S 28° 47' 5P' E a distance of 117.44 feet; thence S 74° 45' 59" E a distance of 13.91 feet; thence S 28° 47' 51" E a distance of 133.15 feet; thence S 21° 55' 46" W a distance of 12.92 feet; thence N 28° 47' 51" W a distance of 137.08 feet; thence N 74° 45' 59' W a distance of 13.91 feet; thence N 28° 47' 51" W a distance of 116.24 feet; thence N 85° 55' 23" W a distance of 128.98 feet; thence N 04° 04' 37" E a distance of 10.00 feet to the POINT OF BEGINNING, containing 0.09 acres, more or less, Washington County, Arkansas, and being subject to any easements and/or rights -of -way of record. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes, and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the purposes hereinabove set forth. The said Grantors are to fully use and enjoy said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground, except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereto to be appointed by the said Grantors; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantors agree not to erect any building or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe line upon the described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantors by Grantee is in full satisfactions of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Witness the execution hereof on this the day of I , 2006. FAMILY TRUST BY: G. A. Sext n J. W. REYNOLDS LUMBER COMPANY BY: ;:t . i Jahn R. Rutledge, managing partner Elsie D. Sexton ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON) On this the !day of 1 'i'L: US/\ , 2006, before me, a notary public in and for the County and State aforesaid, personally ap sired James E. Lindsey, who stated that he was the trustee of the Lindsey Family Trust, and who acknowledged that he had executed the same in his capacities for the purposes therein set forth. In witness whereof I hereunto set my hand and official seal. r4' No Public My commission expires: STATE OF ARKANSAS COUNTY OF WASHINGTON OFFICIAL SEAL KAREN McCOY NOTARY PUBLIC ARKANSAS WASHINGTON COUNTY MY COMM. EXPIRES 4/0112012 ss On this thej day of August, 2006, before me, a notary public in and for the County and State aforesaid, personally appeared G. A. Sexton and Elsie D. Sexton, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they had executed the same for the purposes therein set forth. In witness whereof I hereunto set my hand and official seal. Notary Public My commission expires: FrNiotary ughey sbing!on -Arkansasp. CYn"6?AI? F, STATE OF ARKANSAS ) ss. COUNTY OF ':;) On this?_ day of August, 2006, before me a notary public in and for the County and State aforesaid, personally appeared John R. Rutledge, known to me to be the person whose name is subscribed to the foregoing instrument as the managing partner of L W. Reynolds Lumber Company, a partnership, and acknowledged that he had executed the same in his capacities for the purposes therein set forth. In witness whereof I hereunto set my hand and official seal. NOTARY FLtBLIC$ThTE OF ARKANSAS! t>llakkt ;kl tt:�" � )�ti VI v11w t: ru J .r��i, x ..�YlI i, y, 9" . ;{ : ^ rmtl scn Ems 0g49.2013 s Notary Public My commission expires: Is, Parcel No. 765-13249-000 CORRECTION WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: Receorded: 09/01/20066at O4:0129 PM Fee Amt: 817.00 Pace 1 of 4 Washlnaton County. AR Bette Stamps Circuit Clerk F11e2006-00036442 That Lindsey Family Trust, G. A. Sexton and Elsie D. Sexton, husband and wife, and J. W. Reynolds Lumber Company, a partnership, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situate in the County of Washington, State of Arkansas, to -wit: PERMANENT EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 29 West, Washington County, Arkansas, more particularly described as follows: from the Northwest corner of said Southwest Quarter, Northwest Quarter; run East 834.59 feet; thence South 484.45 feet to the point of beginning; thence S. 85° 55' 23" E a distance of 134.43 feet; thence S 28° 47' 51" E a distance of 117.44 feet; thence S 74° 45' 59" E a distance of 13.91 feet; thence S 28° 47' 51" E a distance of 133.15 feet, thence S 21° 55' 46" W a distance of 12.92 feet; thence N 28° 47' 51" W a distance of 137.08 feet; thence N 74° 45' 59' W a distance of 13.91 feet; thence N 28° 47' 51" W a distance of 116.24 feet; thence N 85° 55' 23" W a distance of 128.98 feet; thence N 04° 04' 37" E a distance of 10.00 feet to the POINT OF BEGINNING, containing 0.09 acres, more or less, Washington County, Arkansas, and being subject to any easements and/or rights -of -way of record. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes, and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the purposes hereinabove set forth. The said Grantors are to fully use and enjoy said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground, except in bottom lands where they shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the construction, maintenance and operation as determined by three disinterested persons. One thereto to be appointed by the said Grantors; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of such three persons shall be final and conclusive. The Grantors agree not to erect any building or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe line upon the described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantors by Grantee is in full satisfactions of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. Witness the execution hereof on this the ( day ofn LL- , 2006. LINDSEY FAMILY G. .. Sexton J. W. REYNOLDS LUMBER COMPANY BY: i.2%, / ... John R. Rutledge, nianagi,,pater Elsie D. Sexton ACKNOWLEDGMENT ).ss. COUNTY OF WASHINGTON) On this the I }day of i • C.5i-lk'2006, before me, a notary public in and for the County and State aforesaid, personally ajipeared James E. Lindsey, who stated that he was the trustee of the Lindsey Family Trust, and who acknowledged that he had executed the same in his capacities for the purposes therein set forth. ffiiesrterfitereunto y hand and official seal. BECKY OS`3u!Pv s ✓:'ASHINGTON COUNTY f,�) ' '.1;' jV-�/��..- LF.iv rpmm'ss;o^ Expires 07-29-2014 Otaty Pu C My commission expires: STATE OF ARKANSAS ss COUNTY OF WASHINGTON On this they' ' day of August, 2006, before me, a notary public in and for the County and State aforesaid, personally appeared G. A. Sexton and Elsie D. Sexton, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they had executed the same for the purposes therein set forth. In witness whereof I hereunto set my hand and official seal. My commission expires: Notary Public { S Leah S. Hughey County Of washington Notary Public - Arkansas My lTmmissinn Exp. 06/25/2012 STATE OF ARKANSAS ) ss. COUNTY OF % , , y. ) On this 1] day of August, 2006, before me a notary public in and for the County and State aforesaid, personally appeared John R. Rutledge, known to me to be the person whose name is subscribed to the foregoing instrument as the managing partner of J. W. Reynolds Lumber Company, a partnership, and acknowledged that he had executed the same in his capacities for the purposes therein set forth. In witness whereof I hereunto set my hand and official seal. \' GAiNES t'!0TPRY Pt;9LiC :STATE OF ARKANSAS, ts- COUNTY My Gum's- E,rp(res 09-29.2013 Mjrcomnussionexpires c Notary Public From: Clarice Pearman To: Pate, Jeremy Date: 9.12.06 5:03PM Subject: Ords. 4915, 4916, 4918, 4919, 4920 & 4921 Jeremy, Attached are the above ordinances passed by City Council, September 5, 2006. If you have any questions please let know. I am still working on the exhibits for the landscaping. I'm still having trouble getting the WordPerfect graphic to come in. I may for publishing purpose just have to say "graphics may be viewed in city clerk office". I may have to have you bring the jump drive again. I'll let you know. Thanks. Clarice CC: Audit; GIS NORTRWEST ARKANSAS EDITION Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, 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 4921 Was inserted in the Regular Editions: September 19, 2006 Publication Charge: $145.64 Subscribedsworn to before me This/q day 2006. Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 16, 2014 RECEIVED SEP 222006 CITY OF FAYETTEVILLE CITY CLERK'S OFFIG,'- ORDINANCE NO. 4921 17 ORDINANCE WAIVING DEVELIR AN O ICI AN E WAI INN CHAPT 0. 2221YSUBMI QED B PKIINN IELSAOB FOR ay�tyLijJe, LOCOLO1' AND 2 OF SEXTON POINT FINAL PLAT, VACATING 0.30 ACRE PORTION OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY. WHEREAS, the City Council has the authority under A.C.A. § 14.54.104 to vacate public grounds or portion$ thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted util- ity easement Is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ANNANSASt Section 1: That the City Council of the City of Fayetteville hereto waives Chapter 171.05 (C), Procedure for Closing UBliy Easements and Street RlgMeoi-way, waMng the requirement for a rec- ommendation by the Fayetteville Planning Commission concerning said vacation. Section 2: That the City Council of the City of Fayedevtile, Arkansas hereby vacates and abandons the following described utility easement: • See Exhibit attached hereto end made a part hereof. Section 3: That a copy of this Ordinance duty 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 end recorded In the Deed Records of the County. Section 4: That this vacation approval is subject to the following condMons of approval end shall not be in effect until all conditions are met therein: The vacation of said utility easement is subject to the dedication of new easements to Me City of Fayetteville for future water and sewer use. New easement location and size shall be determined by the City of Fayetteville and recorded prior to Issuance ofa building permit. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this 5th day of September, 2008. APPROVED: By. /s/DAN COODY, Mayor - ATTEST By: /e/SONDRA SMITH, City Clerk EXHIBIT 'A" VAC 06-2221 - LEGAL DESCRIPTION FOR UTILITY EASEMENT TO BE VACATED ON LOTS 1 AND 2 OF SEX- TON POINT (NOW NAMED PARADISE POINT): A PART OF LOTS I AND 2 OF THE FINAL PLAT OF SEXTON POINT, PLAT RECORD 13.23, CRY OF FAYETTEVILLE. WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF SAID LOT 1, RUN S 29°4240 W, 79.92 FEETTO THE POINT OF BEGINNING. THENCE S 13.04'59" E, 25.32 FEET; N 65°5847' W, 150.09 FEET; $ 28'4T33" E, 210.17 FEET; S 15°0708" W, 25.59 FEET; N 86°33'20' W, 6.71 FEET; N .28°45'55"W, 240.08 FEET; N 85°56'47' W, 111.85 FEET; N 02°25'36' E, 25.01 FEET; S 85°56'47 •E, 296.37 FEET TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS.