Loading...
HomeMy WebLinkAboutOrdinance 4948 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Recorded : 01 705080003 T01e -. R01 PM Fee Amt : $14 . 00 200: 1 of 3 BettenSt11 amceoClrcultRClerk i F11e2006_000523041 I ORDINANCE NO. 4948 ' AN ORDINANCE APPROVING VAC 06-2290 SUBMITTED BY RICHARD L. GRUBBS FOR PROPERTY LOCATED AT LOT 6 BLOCK 1 OF THE NORTHPOINT SUBDIVISION ON POINT CIRCLE, VACATING A PORTION OF A UTILITY EASEMENT ON THE SUBJECT PROPERTY WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit "A" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the conditions of approval as follows, and shall not be in effect until all conditions are met herein. 1 . The vacation of said portion of the utility easement is subject to maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the owner/developer's expense. ; ,�, S�� e G\ZYOc .Lp PASSED and APPROVED this 21 " day of November, 2006. eFAYETTEVILLE ; APPROVED: ATTEST: z ;gR� NSP5;2� By: G' ! By: DAN COOD , Mayor SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2290 A PORTION OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED SIX (6) IN BLOCK NUMBERED ONE ( 1 ) OF NORTHPOINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID LOT SIX (6); THENCE S23043'33"E 41 .49 FEET ALONG THE WEST LINE OF SAID LOT SIX (6) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT SIX (6) S23043'33"E 17.89 FEET TO A POINT ON THE SOUTH LINE OF SAID EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT SIX (6) ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N33038'20"E 56.43 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N68002'22"E 117.53 FEET TO A POINT ON THE EAST LINE OF SAID LOT SIX (6); THENCE NO2034'50"E 8.79 FEET ALONG THE EAST LINE OF SAID LOT SIX (6); THENCE LEAVING THE EAST LINE OF SAID LOT SIX (6) S66010115 "W 132.49 FEET; THENCE S41 °48'00"W 39.99 FEET TO THE POINT OF BEGINNING. EXHIBIT 'FB'e 11 411 EA O LIENT VACATION ear •, • ":f e• / / tfl' 765-15940-OW f7CMV= MAP t CROUCH LTA P21SW. :' • .' uA' 1030 E. aDN IN.'t• i1. s9maYNOrst .\ � / UfORR04L781EwTTNE1WEfi 11EmIM1EY,Ee1lID6elTpmfl4e® � � . BYNUNON OtRCNt.R13�W1•A1FD•/'JpgNNMII{StIUhBYFUT. MO' � ' 7NSGVRlN1 N)FA9E)EYfPgEAl1O1NN91EAFpp(�YIYTIwCUMHVN 1VEDNMIKN W 11EG611RVETNwT.YLPb9Blt8mbNNONTMNIT _ N¢wsvmmElxarur W nwtRFDNramrr.,nn,mFaEwme / Lo,r @ 6aTlEwAsam6Ro6unv.Nua•AAWRIAraTa•EWRrE g ATRATBOb(1LP/-0E)4 7r - 81807.*# SQ. FA. k! •IUTmA¢.x+R+awsmRvmxEn As�nTltEcmW 0.771 ACRES �` FAVErnwauuNcwausrasTt¢ETFtNt.woErtmm•'mFRou atAAIARIm CNIIEPwYETTEVAlE Ws,w4ns116 $ � - TIEtAAROTPItOP6ifIYpaI6ENItvmREDufltturowcNa; ' EW � crrwEwau� . 765-17139-000 tmEnA 212940 Lff OWY/99$ JR. eREYAOI WILROYdRlflrt�/TUU16 7114/ N R9 170 RF.T6OEIBAdRm fARTAN,h7YN6Y, AA4 71730 i5 . . .. . .. � � NN#/AiaNwq.'b ObWU)eN'Olet•• - tm .e�n®me.ealraFas6auareewt Ipn�jmnem/heuamyfhle aw'�Ix,ae A0w F ad:tsaentmeFA WA toot a . .MOAWOE4.T5-000 ; , y mLyee asevaAyp,IbIMDg RIa kONROE NORM Pp.NI. LLC emeYF4Ffo-.- i'lSKa Ythimt,. ., 71 m' d M aw by tl -- 4rommanwOWIMM �{ mm� I ROSPROPERIt'Ki1 WILYMIM1 LLfl'NAFIA6I. V.FIOW IWARO , NIE/1 YlIDMm0Yt0YW.W 0.000113CEtEAY91L FAOITIE'J001 EA9ElIB?1/AOA11ON 0l1Kp0I10• P1gCO aTA'A1NID11_91FDpIT19FArETEVa{E,AgeWa461g AtgR1(DWWAflEA41NOAFT'/ 'y ,j. •. ' 1561 FOOT WD)E eeG .. '.. U1aIlYFAEEIEMYMIV16 wPNIr WtOT . 1P1•wtEG'Mm OiaD,6pNTi6ii TEiWLMTWMOITMFWII NIlVBEPFDQ%IeNEIOCKMRA3ERE0Ot1E(tIW ••dWIDI OAfeONli•R500RWWTHE WA1NN61ONO91N1Y, WORTIPOM8UBGN6glITOTIECTY W NNA111T4 W WLrTg6J(90{{ryg ATMTR06Ktt.FM6)e. FAYETTEl6llE APoVJleAA A9 PERPLAT W 9A® 9UBONCIO.ORFSEN TE OFAfEWTMEGRWR v . OIEPo(ATA EAOD REWR09t W YD19MIgiW CGTT'.ARRANEANSF$,BEGONOIE PAIRCUNSY - LefOj • 009161611Nf1 OFA ATI1ON9:0Om WOOFw)u1 'Ag• O GJtATETE •6MWEM FJ391f10MW ATTEIIORRA4E9[CGQERW - k� w1011IFAE MY6RNl1 9A6)IAT86t16k TIENt69T6'47AE ItAe FEET AfAHOTHE ME9TtRE W9A®WTEIN(6)TOTNE w Swnt wLlE 1WRPGMW0f06061llLlRFTW COtFtMMO /�- • N6rAtW EENST INAIGt Ai(9q TIE WE9TIRE OF91m LOTb9I(e) o ' .416'ITAE 11A9 FEETlOAPORRONTEE0J01 T: :t�. F•; a' I6�WGND F>QSfEII1 F6TY15e Fo0TTxDEumm' '/ • n . �ra,M 'T.�•f:. , 1PoB5R UPRO SPN . EAEE6E.ENr;TIElxf 1EATT1pit1E W69TlPEW 'e 1pFPItplE le/NROIE SAm Im Elx(51 NgNO TtE Sgf01 u1ff oP 9ND EASINO UrR11YEA9OEMN11'Ym'E 56./IiTFT, � \ ,/ h 6 9IdWl1pIX a1p1E TIHICEGORI9A@Ai NOfMi TE50UTIJREW -•_._.A._ _ _ _ _ EA01E>05TNOMENI'EA9EMENTRe6VTD mw -•- -•-•-• .-. ' ' _. _ _ _ _ ar VWFEETTOAPDNfgeTXE P.VT WIEOF9NDtAr= • _. _ •_ I ._.- (6k Y19K£lta']eL6ENYF£EIIIAIOTNE FJSr 1j • . . • • . • -E-[- OTEIIIQ/:0 I]FCTOC/CAAL w lDFW91ID1Af SOI TOI;TMEIIW IEANROTEFA9T -O-O- EIIPom OA411lIE IREWFiAD W18IX1EJ 9A61RR6'IY 11365 FFF'f: T II - W - Po - OMD 119E4 m TNENW 91f'IODOYl53]O FEEL TOTE POIMW . % Ij —r-r— IAINFD Te13Af011e I¢aNRRro. f W--1Y- BLL%m WATTI / I I --� @Ap6NE 6 ROAD I I m Wmy UK MTOAD( M EASTIFNT/"W. 1 ' 1 O m' 10' 60' i pLA� i r [DFi1 1 $URYEYOESCR9'710N i �i 'r Im ROOBpENEW0E11EDG1E1t1 vOIRr I ® 11)114ECWFAYMENIE5.ASMTUTW 8.1109118DMEYJR ONFILEINTNEOFi10EOFTEGRL'IgfQ$1(Np � t. . FX-0fAgO RE�ROERW wAEI.101TN LODNIY.AINM9A4 � � .. Q Washington County, AR I certify this instrument was fled .on 12/2812006 01 :56:01 PM andirecorded in Real Estate , File Number 2006.00052304 Bette Stamps - Crcuit .0 e by 01rW City of Fayetteville Staff Review Form City Council Agenda Items rw U r 6rah165 Contracts 21 -Nov-06 City Council Meeting Date Jeremy Pate' Planning Operations Submitted By Division Department Action Required: VAC 06-2290: (Grubbs, 248): Submitted by Richard Grubbs for property located at Lot 6 Block 1 of the North Point S/D on Point Circle. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a portion of a utility easement within the subject property. N/A N/A N/A Cost of this request Category/Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ��Z v Previous Ordinance or Resolution # n/a Department Dir for Date Original Contract Date: n/a Original Contract Number: n/a City Atm Received ' ity GY@rk\ 's Office � a 1 d uM 10 -27 - 1004 Finance and Internal Service Director Date 30� Received in Mayor's Office Mayor / / Date Comments: City Council Meeting of November 21 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations ,A From: Jeremy C. Pate, Director of Current Planning ll Date: October 26, 2006 Subject: Easement Vacation for Lot 6/Block 1 , North Point Subdivision (VAC 06-2290) RECOMMENDATION The Planning Commission recommends approval of an ordinance vacating a portion of a utility easement located on Lot 6 Block 1 of the North Point Subdivision. BACKGROUND The subject property consists of Lot 6 Block 1 of the North Point Subdivision and contains approximately 0.72 acres located immediately south of I-540 and north of Point Circle. There is an existing 50' utility easement located along the north portion of the property with multiple utility lines, although none of the utilities lie within the area to be vacated. The utility line nearest the area to be vacated is a 6" water line, which if required shall be relocated to the north, per City of Fayetteville requirements to maintain a 10' separation between the water line and the edge of the utility easement. The applicant requests to vacate the southern portion of an existing 50' utility easement that is located on the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on at the regular Planning Commission on October 23 , 2006. The Planning Commission voted 8-0-0 to recommend this vacation request to the City Council . The vacation of said portion of the utility easement is subject to maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2290 SUBMITTED BY RICHARD L. GRUBBS FOR PROPERTY LOCATED AT LOT 6 BLOCK I OF THE NORTHPOINT SUBDIVISION ON POINT CIRCLE, VACATING A PORTION OF A UTILITY EASEMENT ON 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 pdrposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit "A" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the conditions of approval as follows, and shall not be in effect until all conditions are met herein. 1 . The vacation of said portion of the utility easement is subject to maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this—jay of_, 2006. APPROVED: ATTEST: By: DAN COODY, Mayor By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2290 A PORTION OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED SIX (6) IN BLOCK NUMBERED ONE ( 1 ) OF NORTHPOINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID LOT SIX (6); THENCE S23°43'33"E 41 .49 FEET ALONG THE WEST LINE OF SAID LOT SIX (6) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT SIX (6) S23043133"E 17.89 FEET TO A POINT ON THE SOUTH LINE OF SAID EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT SIX (6) ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N33038'20"E 56.43 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N68002'22"E 117.53 FEET TO A POINT ON THE EAST LINE OF SAID LOT SIX (6); THENCE NO2°34'50"E 8.79 FEET ALONG THE EAST LINE OF SAID LOT SIX (6); THENCE LEAVING THE EAST LINE OF SAID LOT SIX (6) S66010115"W 132.49 FEET; THENCE S41 °48'00"W 39.99 FEET TO THE POINT OF BEGINNING. Taye 1, le PC Meeting of October 23 , 2006 KANSAS THE CITY OF FAYETTEVILLE. ARKANSAS . 125 W. Mountain St. PLANNING DIVISION CORRESPONDENCE Fayetteville, AR 72701 Telephone (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: October 16, 2006 VAC 06-2290: (NORTH POINT S/D, 248): Submitted by RICHARD L. GRUBBS for property located at LOT 6, BLOCK 1 OF THE NORTHPOINT S/D ON POINT CIRCLE. The property is zoned C-2, THOROUGHFARE COMMERCIAL. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property consists of Lot 6 Block I of the North Point Subdivision and contains approximately 0.72 acres located immediately south of 1-540 and north of Point Circle. There is an existing 50' utility easement located along the north portion of the property with multiple utility lines, although none of the utilities lie within the area to be vacated. The utility line nearest the area to be vacated is a 6" water line, which if required shall be relocated to the north, per City of Fayetteville requirements to maintain a 10' separation between the water line and the edge of the utility easement. Request: The applicant requests to vacate the southern portion of an existing 50' utility easement that is located on the subject property. The applicant has submitted the required notification forms to the utility companies and to. the City with the result summarized below. UTILITIES RESPONSE Cox Communications * No Objections Ozarks Electric Coop. No Objections Arkansas Western Gas No Objections AT&T/ Southwestern Bell Telephone * No Objections * See attached utility approval fornn(s). -KAReportc\2006\PC RepoasU 0-23-06WAC 06-2290 (Grubbs_Nonh Point).doc CITY OF FAYETTEVILLE: RESPONSE Water/Sewer Approval subject to maintaining 10' of casement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. Engineering No Objections Solid Waste No Objections Transportation No Objections Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding to the City Council a recommendation of approval to vacate the utility easement VAC 06-2290 with the following conditions: Conditions of Approval: 1 . The vacation of said portion of the utility easement is subject to maintaining 10' of easement on the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION : yes Required Recommendation to be: J Forwarded ❑ Denied Motion: Clark Second: Ostner Vote: 8-0-0 Date: September 23, 2006 Comments: i 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 K:Tep01ts\20061PC Reports%10-23-06WAC 06-2290 (Gmbbs_Noah Poin().doc 1 PETITION TO VACATE EASEMENT PETITION TO VACATE an easement LOCATED IN Lot 6, Block 1, City of Fayetteville Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council I, the undersigned, being the owner of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 6, Block 1 of the Northpoint Subdivision, City of Fayetteville Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A portion of an existing fifty (50) foot wide utility easement which is part of lot numbered six (6) in Block numbered one ( 1 ) of Northpoint Subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, tieing more particularly described as follows: Commencing at an existing iron at the northwest corner of said lot six (6); Thence S23 43'33"E 41.48 feet along the west line of said lot six (6) to the true point of beginning; Thence continuing along the west line of said lot six (6) S21 43'33"E 17.89 feet to a point on the south line of said existing fifty (50) foot wide utility easement; Thence leaving the west line of said lot six (6) along the south line of said existing utility easement N337 38'20"E 56.43 feet; Thence continuing along the south line of said existing utility easement NW02'22"E 117.53 feet to a point on the east line of said lot six (6); Thence N0134'50"E 8.79 feet along the east line of said lot six (6); Thence leaving the east line of said lot six (6) 868002'22"W 123.66 feet; Thence S417 48'00"W 53.78 feet to the point of beginning. That the abutting real estate affected by said abandonment of the alley are Lot 5, Block 1 of the Northpoint Subdivision and 1308 Drake Street (Parcel # 765- 15840-000), City of Fayetteville 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 petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the above . described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioner further prays that the above described real estate be vested in the abutting property owners as provided by law. Wherefore, the undersigned petitioner respectfully prays that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, 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 owners be free from the easements of the public for the use of said alley. Dated this 12th day of September, 2006 Richard L Grubbs 09/11 /2006 13 : 32 4798728174 COX CONSTRUCTION PAGE 02/03 09/10/2006 23: 27 479 X959 ARKANSAS OnMMU •i NNCit 611UI U7IT ITY AYPROVA.L FORM FOA RIGHT- OF- WAY, ALLEY, AND UIRM RASEIe1AVT VACATIONS DATE: UT UM COWANY: _ e X GO�J.r�c. ..,c sS a J APPLICAM N : �61 APpL1CANT PHONE: t y 7 9 7 qd • I Z 2 REQUESTED VACATION (applkant most cheek am that apply}: t�b7ip Fmemont Wgbaof way for alley or sweets and all utility eu meM located within the vaeated iiaf- c f- way. Alley Street rightof-way I Lave been notified of the petition to vacate the following (allay, easement, right-gfway), described as follows: General location I Addrovt (referring to attached document- mwA be completed") '� / / VYMeiQf/• ��� ���Ce„Igf (ATT4(W legal descn)7don and graphic mpresentatfon ajwhaf is being vacamd;SUlt UTY) U MM COMPANY COMMENTS: No objection to the vacatiom(a) dcso -bed above. No Objections to the vacatio*s) described above, provided following described Bente ax retained, (State the louatiou, dimensions, and purpose below.) K No objectiotu provided the following conditi ate met; I r7Ca tt ol S' eof�Uti�,d�YCo/�� Y_ Pseniative Title _•` - F¢brvnryldJb Page 3 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: C%- 1/Ho UTILITYCOMPANY: APPLICANT NAME4-�c r�r «44 J APPLICANT PHONE: (yip) 7 Y 7 PO -/IL t 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 I Address (referring to attached document- must be completed") / f ** G�r< C &/e C.if / /tJOr ,o m J /b �C'�svli�✓i/�f /J Ia,` CCA Sat (A TTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: b/ No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Company Representative L-eaQ cL k1Nr +QCL Title �r_ February 2006 Page 5 9-12-06; 2: IOPM;ARKANSAS WESTERN GAS ;4]95828258 # 2/ 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: 1p i JA! tlC t (»r s APPLICANT NAME:C ;cAard c. ciGAS APPLICANT PHONE: 77)790 -//2L REQUESTED VACATION (applicant must check all that apply): ✓ Utility Easement {1�q)8414 Y 9�qX 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 (referring to attached document- must be completed**) ** /.. , - I 41 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Com�m/nny.Repreesee�nttalive d(w L /OAIII& rli}uL45•trS Title �rL February 2006 Page S toa Sec UTILITY APPROVAL FORM {t RKAnl6RscamnE,lc FOR RIGHT- OF- WAY, ALLEY, AND -CL)'?' UTILITY EASEMENT VACATIONS DATE: y- /S - UTILITY COMPANY: Sco APPLICANT NAME: it Leo / L ru APPLICANT PHONE: 7 9 7 90" / I a 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 fcllcwing (alley, easement, right-of-way), described as follows: General location / Address (referring to attached dccument- must be completed**) ii t _ r /- (A TTACfl legal description and graphic representation of what is being vacatedSURVEP) UTILITY COMPANY COMMENTS: No objections to the vacation(s) describes above. No objections to the vacation(s) described above, provided following dcscribcd casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: 5WPNT \4\5 NO 0tCCrto,a _F0 -r C Aeou2 %IP'C•RTLoto rPvutog Ib1E P&PLtCAIJT VILS.5 A)'TW THE Cibun)T`t' TNe5e ?AP€RS tJtt. the W TTLJE ROCK 0 Am y Q Q t+ Sienanve of Utility Company Representative {rG(stt R EV2- E Q , e" z €skill Title IZEQu,EST Foft VAC-IAT(onl 'Po -\AJ JLb W FRbm Fehnmry7006 Page 5 Z d 8Z IZSZU986 'ON/Ob' 9l 1S/C6' 9I 90 .C 1 6 (m3M) WOtld rch £1fH6S (v7 9)8 YG-Y9 r 9 pAA- UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 23°—// 2? Cell UTILITY COMPANY: to fo _,,. /!P /ri SCe.Jv/ APPLICANT NAME: ��� /a6S APPLICANT'PHONE: @7 r) 7 co- (lit REQUESTED VACATION (applicant must check all that apply): - ✓ Utility Easement Rightof-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Streetrightof-way I have been notified of the petition to weak the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed') (4 7t4CJI legal description and graphic representation of what is being vacated- SUR VEI) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) desenbed above, provided following described easements are retained. (State the location, dimensions, and purpose below.) the following conditjgns am met: Signature of Utility Company Representative ©S YVkc R��• c3 L- case rAy Title Fehn,a,y70aa Pave 5 Lis 09/13/2008 08:13 FAX 4794443490 COF TRANSPORTATION DIVIS } UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE.: 4/i t_(tC /n/ // f�j 002 Jell &rt L 5 (y77)8Y4-99r 4 rAt 79o-IIZZ eel) UTILITY COMPANY: [ f �. %/f g[r1> APPLICANT NAME: a.e/.G_<. r+ .r APPLICANT PHONE: % 770 //2L 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 l Address (referring to attached document- must be completed**) ♦* CQ,h. rio at I A 0r*i.'1es..t S13 -ojEa! '�' T//) i'tF.ir..l (ATTAQT legal description and graphic representation of what is being vacated$ORVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. Na objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Sign�thcUthilityCompanyRepresentative Y o� { j�LCslcc.�Ps 515 82z7 February 2006 Page s UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Q- U- - 0 6 UTILITY COMPANY: i ,� a ��. %/ / v 4/a✓R �f c- •+n�+� APPLICANT NAME: it /tc�r r/ 6 APPLICANT PHONE: V 7 Y 7 yo' Ii a a REQUESTED VACATION (applicant must check all that apply): t77Utility 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 (referring to attached document- must be completed*s) 7/i 4i'vtn/' (ATTACH legal description and graphic representation of what is being vacated-SURVEI9 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.) No objections provided the following conditions are met: Signature of Utility Company Representative Title February 2006 Page 5 0Sep. 12, 20060 9:18ANA798`FAYSC CUST SVC ARKANSAS CO WRCIAL UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: No. 0648 P. 1: 01/01 A' .4: e^^j UTILITY COMPANY: K21 ct cl e? C C APPLICANT' NAME: -7 �,� L /` a 4`,s APPLICANT PHONE: Y J 9 7 90 -,I Z Z REQUESTED VACATION (applicant must check s1( that apply); - ✓Utility Easement Right-of-way for alley or streets and all utibty easements located wiQtttt the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacaie the Lollowing (a//ey, easement, right-of-way), described as follaws: General location / Address (referring to attached document- must be completed**) (ATZACB regal description and graphic representation of what is being vacated-SURVEF7 UTIL"MPA:tothevacation(5)dcacribodabove. COMMENTS: No objecti No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Lfhy s is nvf .cwt &a Sumer I� IQ- - No objections provided the folio' fling conditions an met; ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGIIT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: /. /Z-- 0 (P Address / location of vacation: 1O f , /oek' I ,o r+-%?o..J Adjacent property address: - /So Ti') ra �e �f-/k'2>`" , ` Cytffe✓11% nR, Lot: Block: Subdivision: REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: .,,f /tsc`ch.n oi+ fort -A r, /a- at ,r4....,,n on s�-�✓`kJ. (Include legal description and graphic representation of what is being vacated) 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. 0 1 do object to the requested vacation because: J o� Cro tvch arOLAe'Jv mr Ie� I a� fnc�sht/� Applicant Name February 2006 Page 6 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address / location of vacation: /i.q,1- Adjacent property address: Gr,L Lot: g'- Block: ( Subdivision: REQUESTED VACATION: s c/C /iJO/i-CJe.• / of i� Ti I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: le.rjn.� , eo'2'S'a �n 6-i ,1'd-( tll eV /-t a! e. (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: 0 1 have been notified of the requested vacation and decline to comment. l I do not object to the vacation described above. ❑ I do object to the requested vacation because: t Qo oan G Name of Adjacent Property Owner ri tted) SiTm&e of Adjacent roperty Owner Ow Applicant Name Febnmry 2006 Page 6 EI' 41W Jig 765-17435-000 MONROE NORTH POINT, LLC Itt ]s E4S✓PIDB/T WCA7 NOISCRWTDN A PORTDN OF M EMSRNO FTFTY (50) FOOT WIDE UTRETY EASELENT MCC R A PNTT OF LOT NUMSEREDSX( )N&O0< NUTASERED ONE(I) OF NORTHPONT SUB0NWON TO TT@ CITY OF FAYETTEVDLE ARNMSAS. AS PER PLAT OF SAD SUBOMSSION ON FRE N THE OFFOF THE QRQ11T GWV(AND E%-0fHCD 1EWRER OF WASLMtLY N COUNTY, AANMaA4, 0S40 MORE PARIARtYKTR OESQ78®AS FOLLOWS: COLGENQNG Aim EDSTNO II AT TE NORTHWEST COIG(ER OF SFA LOT SQ (Bk THENCE $3YTJTE 41 AS FEET ALOD THE WEST CAPE OF SAD LOT SW (0)TO ME TRUE POINT OF BEt4NO THENCE CONTONEq MhD TIE WEST LINE OF SAN 101 (0) 97G'AJSO c I TMS FEET TO A POINT ON THE SOUTH LX OF SAD FMSTNOflRY(10)FOOT WIDE URUIV EASEMENT; THENCE LEAWIG THE WEST LNE GF SAD LOT SIX(5)M. G THE SOUTH LINE OF SND EDST1NG UTNTY EASFAE HT N1T'M27E MAS FEET; THENCE CONTh& G ALONG Te(E SOUTH LINE OF SA® EASTSVO VTDLTY EASENEM N00'O 117,ST FEETTO APOINTON TIE EASTLINE OF SMD L LDTSIX (OX T7ERCE IcTJ4YQE 0.78 FEET ALONG 1W EAST LNE OF SAD LOT SQ (Ok THENCE LEAVING THE EAST LEE OF SMO LOT SO (S) S00'OY13YI 12180 ,-ET!; THENCE $41.100'W .70 FEET TO TIE POINT OF BEOIIDA(0. sea' LOT 6 31392.2* SQ. FT. 0.72*•ACRES 765-77436-000 RICHARD LEE GRU66S, JR. 11294 N. HIGHWAY 170 FARMINGTON, AR 72730 N' 9IULDIIIC (EF mn N a SUYE RYDESCRIPTIDM ILp LOT HUMMER O SQ(E)11FNUMBERED ONE (1) OF NORTVOINT ' O SUBW^ION TTTHE A E QTY OFDF FVEREVILLE. ANEMSM, AS PER PIATOF 888 SAtSUODMSION ON FILE IN TIE OFFICE OF TIE QRWT QERN MD I EWOPAQO RECORDER OF WASHINGTON COUNW, ARI(ANSAS. EASE_.LENT VACATION 765-75840-000 VICINITY MAP CROUCH LTD. PTNSHP. 1030 E. GLENN LANE FAYETTEV2LE, AR 72703 SNRVEY NO7E9 unYlEb vRWE AT THE TE OF The WR EY, MalaG THOSE YMNFD BY MKVRAS MGOM4 WE LOCATED. AS AOWN G4 MC SUVEYFAT. NO EA5EIHT RESFMOI WAS PE RFOfGED BY TeS CONPNW N PIF➢RATfl OF T8 SURVEY PIAT. 4I EASElEHTS S OWw ON THE TUT HE AS PER THE FNK RAT OF NORTH PoEIT BROF,EbN. ON n.. N lilt REOOWSOF TE WAS WNOTUN COUNTY, ARWNS'S CNQOTam( Of ATPTATSN.T('1.PARE]V. FCHI CiO.ER RAT®AS AN 11 WKFEO STREET AS PER THE QTY0F FAYETTEIU. ApCMGAS MASTER STREET Nfl• AS DETORAf1TD rMN 1- DATA PN6ISlEO ON THE FAYETTEWLE GAS. WlTE THE SUSIECT PROPERTY b OUMENRY ECNED W oHOROUOFIRE CONNERQ.LL/ FRONT BEAO(tt`W SIDE SEThWHEN 49:a SIDE REAWWIICQITT20'. TJ RESDEMU1:16' REM SETBKb: ZI. NNiEMWin. M L i. L G] NN bbi V 1>a A1erA emxN•ee MStad NWe1MW00e eM bfl eun nay bbNE•W he o( rb rSdet ahblaa abbnce doneTd Ne ,NMd ISO W ammo d ZD Ne1. No bUTRN sbtl •®eO t*dea 75 Met W b•kii Biifap an. On mY lot. Pa Nae omlpb0 by Ntc•$' ebeOnN•raaeamWdae MN reedub t THIS fY4YERFY DOES HOT LE W1TNN WE 'NM ISPEQFL POGO HAZ AREAS NOAT O BY IODYEM FLWD) AS CETENMNED FRQA THE TqI R000 DATN AS PJDNSHED GI TE FAVETTETLE, M:NI SA4 GAS. WTP$(IE (F) • ARECq>DONENSGN PION THE FINAL PAT OF NORIN PQHT StwOY151QM. Q(F1lE N TE RfcOc S OF THE WAO•NiT1 COUNW, NOWIGAOQRQAT CIEWFS OFFIC£ AT MAT B00( t1, pt 71. • EASING IRON ❑ WNOiCE MONU WENT FE NNRWT w WATER VALVE ® SWRMN SEWER MANNQE • V61EETER ♦ FUSER GPUC SIGN ® TEIEAN]NE WNHOLE O UMDY POLE B STOR a ATTR NAHOE Q)Y IRE —E—E— OHRIEID EEECWC/CMLE TV —G—O— GUNED OAS LINE -W—D- BUWW EIDER-OP11C —1—T— BURED TGERNOHE —W—W— BURIED WATER UME _— CENTERLINE OF ROAD BOUNDARY UNE ___ SEWAO( ONE ------ EASDENT/RA.W. O' 20' 40' 60' • / \ra\4\� \r \ w \SI,` 9\ o i /rNNt >4, �,\ s\ s \ ems' :dw F •:: _:::�P9 i `9 DD kn \ oo \ \ _ 'J \ \ O \- \ t Is \gyp\ \ \ \ N\9\ C\s a 0N cc nc" OW ' A e \ e ov Cr. v1\ y\ . D(n \:::::::` t\ r v _— - >Zm `:::::\ t 15" UTILITY EASEMENT----------------------------\ ---_xm- - \ \t 4. A -d -_d -d -d- d- ' -. • '. \32 VAC06-2290 GRUBBS B B S Close Up View Ic�h•+� 'nva J(••..-xM YAue./I- �YYc�CC iybi- rvti �IAY{rdM?x.�yt rY'�f� Y JLL•.y� •./.yb mP —•�•-� I.6-• a� '♦ Ru a•e V 1'iA J na ¢ !L �a I 3 { [}pf. �.� rY £. Yi a ` { �` 1 it. . :�A [ rt . Vt r 3 i1 r a _a * ; N.n C2 Y F' Y :Ii r. T t • }, `£taY } f'T [♦e ate;[Sl ;i ♦ AYa •r i i y1• T w� xA� 1p '�♦ n Y T -•� I �� Y# r� ; y`♦ C U :rte I � p Y Yh� ..'Y r14_ 1 .. - 1 � a bSC MY a 1• — iS i r R i V n m .fi. Yai i b9 t lY'i.'J �. •t SUBJECT PROPERTY I a . ,. d i. ItG • r y i. r ♦ M19 • ♦ e i _ ♦iA* a FI a u� 1 x, I. I( i • .. �. r Yl rta ` 1 n i {' 'Y /4 Ym`Y M .: 1 v L A Y' 'A U • i/ i ' v . tr •v - 1ISSI 1 • e. ^Y' 9 7 !a YI 4 p 1 $ @ x'. 1 L, r -y •nT' ` RA r a•. k a 4 n yh �.. - , V M1 '{ �, 1 a rayµ f Aa ` t rt YA 9 a I k C� • J 4r A St . l f N Y•l i ilV { n y } w! t n ,a i Yn ya S I 1 tiJ( i it 9 'ia L_ y r v' t a � }c. d p 4 d - • 4 n. r [�! 3 S I1 R:e+ l{: 4Y a1.• a A`i' l �1 _ i.. n [ YD ) _-•F . /�! � a4 t • ,_-4 Y. A r e Y:v 1I�i' i _ —vim'• !:� Legend „ Overview 00000 Overlay Dislrid — FLOODWAY — 500 YEAR 0a000 — 100 YEAR ---' LIMIT OF STUDY — — - Baseline Profile O Fayetteville onside cny vector -1290 vedor.GDR. Footp rinl 2 W C wIsw e-mnop Overlay DisWct 0 37.5 75 150 225 300 Feet (12.7.06) Clarice Pearman - Ord. 4947,4948 & 4953 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 12.7.06 5:48 PM Subject: Ord. 4947,4948 & 4953 Attachments: 4953 VAC 06-2337.pdf; 4948 VAC 06-2290.pdf; 4947 RZN 062291.pdf CC: Audit; GIS Jeremy: Attached are copies of the above ordinances passed by City Council November 21, 2006. The mayor had been out of town and I've finally got signatures and processed ordinances and resolutions to return. Thank you for your patience and sorry for the inconvenience. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us NORTHWEST ARKANSAS EDITION • L 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 4948 Was inserted in the Regular Editions: 8 December 8, 2006 ORDINANCENO. 490 AN ORDINANCE APPROVING VAC 06-2290 SUB- 1aetLvtUe Publication Charge: $116.05 I LOCAT DYTI L TR6D B.00KB1 F THER NOR Y. POINTS D LST N ONOPK 1 OF THE NORTH -+ POINT SUBDIVISION ON POINT EMEN. ON THE , INGAPORTION OFAUTILITY EASEMENT ON THE ARKANSAS SUBJECT PROPERTY it -1 -'' d fill 1. ,!".:'T n+ WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds I or portions thereof which are not required for corporate purposes: and Subscribed and sworn to bef. re me WHEREAS, the City Council has determined that the following deschbed portion of the planed Will This day of C 2006. 1 ity THnt Eis not required BE IT BYT ; t 1 NOW, THEREFORE, BE IT ORDAINED BY ,THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville. Arkansas hereby vacates and abandons the following described utility easement: + Notary Public(11QAJbJtJ1f\.k(J3?/f9 See Exhibit 'A' attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerkalong with the map attached t hereto and labeled Exhibit 'B' shall be filed in the office of the Recorder of the County and record- ed in the Deed Records of the County. Section 3: That this vacation approval is subject to the conditions of approval as follows, end shall • not be in effect until all conditions are met herein. My Commission Expires- 1. The vacation of said portion of the utility easement is subject to maintaining 10' of easement on P the south side of the existing water line. If the water line needs to be relocated to maintain the 10' separation, said relocation shall be at the owner/developers expense. 2. Any relocation of existing utilities shall be at the ownerldeveloper'a expense. PASSED and APPROVED this 21st day of November. 2006. APPROVED: ATTEST: By: By: DAN COODY, Mayor • SONDRA SMITH, City Clerk EXHIBIT 'A' VAC 062290 RECE�V ED A PORTION OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED SIX (6) IN BLOCK NUMBERED ONE (1) OF NORTHPOINT SUBDIVISION TO THE DEC1 1 CITY OF FAYETTEVILLE, ARKANSAS. AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE q A 4 8 L006 AN OFFICE OF THE CIRCUIT CLERK D EX OFFICIO RECORDER OF WASHINGTON COUNTY, C 4 i t ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE NORTHWEST CORNER OF SAID LOT SIX (6); THENCE 523°4333-E 41 49 7 F4YETi VILLE FEET ALONG THE WEST LINE OF SAID LOT SIX (6) TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT SIX (6) S23°43'33E 17.89 FEET TO A POINT -,-%, ` :'`'r OFFICE ON THE SOUTH UNE OF SAID EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE WEST LINE OF SAID LOT SIX (6) ALONG THE -SOUTH LINE OF SAID EXISTING UTIL- ITY EASEMENT N33'3820'E 56.43 FEET: THENCE CONTINUING ALONG THE SOUTH LINE OF SAID EXISTING UTILITY EASEMENT N68°0227E 117.53 FEET TOA POINT ON THE EAST LINE OF SAID LOT SIX (6); THENCE N02°34'50'E 8.79 FEET ALONG THE EAST LINE OF SAID LOT SIX (6); THENCE LEAVING THE EAST UNE OF SAID LOT SIX (6) $66°1015W 132.49 FEET, THENCE S41.48'00W39.99 FEET TO THE POINT OF BEGINNING.- - , i 'Exhibit B is map and may be viewed in the city clerk's office during normal business hours.'.z