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HomeMy WebLinkAboutOrdinance 4970 Doc ID : 010799520003 Tvoe : REL Recorded : 01/31/2007 et 13 : 0354 AM Fee Amt : 814 . 00 Paoe 1 of 3 Mashinoton Countv . AR Bette Stamos Circuit Clerk File200740003741 ORDINANCE NO{ 4970 AN ORDINANCE APPROVING VAC 06-2362 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT LOT 2 OF THE SPRINGWOODS C-PZD TO VACATE SEWER AND ELECTRIC EASEMENTS, A TOTAL OF 0.48 ACRES, IN ORDER TO DEVELOP THE ARBORS AT SPRINGWOODS LARGE SCALE DEVELOPMENT 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 easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: 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 . This vacation is subject to the memorandum dated November 6, 2006 from David Jurgens, City Water/Wastewater Director outlining the proper way to abandon the existing wastewater infrastructure (memorandum is attached to the staff report). 2. The City of Fayetteville shall request disconnection of power to the lift station, and any cost to retire the transformer and underground power cable are paid by the developer. 3 . Any relocation of existing utilities shall be at the owner/developer's expense. Page 2 Ord. 4970 PASSED and APPROVED this 2nd day of January, 2007. �,�```�F� TREgs'''•,, APPROVED: ATTEST: =ci e ; FAYETTEVILLE • � ^ By: . By: / �( �tJ / ►lticv� "s•• • DA OODY, Mayor SONDRA SMITH, City Clerk/Treasurer 4Ni'Y(3'o1�;Co``,.� EXHIBIT "A" VAC 06-2362 SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW 1 /4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF ' SECTION 33 ; THENCE S02°28'26"W 1816. 10 FEET; THENCE S02°30'44"W 1833 .78 FEET; THENCE S89°06' 39"E 807. 11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08°27' 34"W 181 .68 FEET; THENCE S02049'07"W 228.64 FEET; THENCE N87° 10' 53"W 20.00 FEET; THENCE NO2°49'07"E 229.62 FEET; THENCE N08°27' 34"E 160.91 FEET; THENCE N51 °02'23"E 29.56 FEET; TO THE POINT OF BEGINNING; CONTAINING 0. 18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. OZARK ELECTRIC EASEMENT A 20-FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW 1 /4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE S02028' 26"W 1816. 10 FEET; THENCE S02030'44"W 1833 .78 FEET; THENCE S89°06' 38"E 807. 12 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S85°00'00"E 20.01 FEET; THENCE S07004159"W A DISTANCE OF 407.49 FEET; THENCE S02°38'42"W 244.70 FEET; THENCE N87022' 50"W 20.00 FEET; THENCE NO2°38'42"E 244.58 FEET; THENCE N07004'24"E 408.44 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. Washington County, AR I certify this instrument was filed on 01 /31/2007 11 :03:54 AM and recorded in Real Estate File Number 2007-00003741 Bette Stamps - Circuit CI rk i by j a �Y City of Fayetteville Staff Review Form qq 70 City Council Agenda Items or M Contracts �YIrI�WDpG� `+ �t"z 2-Jan-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required : VAC 06-2362: (Springwoods, Lot 2, 286): Submitted by H2 Engineering, tnc.for property located at Lot 2 of the Springwoods C-PZD, The Arbors at Springwoods. The property is zoned C-PZD, Commercial Planned Zoning District and contains 25.24 acres. The request is to vacate sewer and electric easements. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 0 Previous Ordinance or Resolution # n/a S.o Department D Date Original Contract Date: n/a Original Contract Number: n/a 12 - IS- di, City A ney Received in tyAeg� pffce 41 Finance and Internal Service Director Date / Received in Ma ice Mayor Date Comments: City Council Meeting of January 2, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations `4 From: Jeremy C. Pate, Director of Current Planning Date: December 12, 2006 Subject: Easement Vacation for Springwoods Lot 2 (VAC 06-2362) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating sewer and electric easements located in Lot 2 of the Springwoods Planned Zoning District subdivision. BACKGROUND On April 24, 2006, the Planning Commission approved the Large Scale Development for the Arbors at Springwoods (LSD 06- 1974). The LSD contained 122 multi-family dwelling units. This development is located in west Fayetteville, north of Moore . Lane and east of Deane Solomon Road. The site contains 25.24 acres and is identified as Lot 2 of the Springwoods Planned Zoning District subdivision. The subject property is an existing sewer easement (0. 18 acres) and electric easement (0.30 acres) that were platted/installed prior to this development approval. : An existing lift station and some of the sanitary sewer laterals that were installed with 'previous development will be removed or replaced as part of the Arbors at Springwoods development. In addition, the electric easement that supplies electricity to the lift station is no longer needed. The applicant' s request is to vacate the sewer and electric easements in order to develop the Arbors at Springwoods. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners; there were no objections to this request. The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2362 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT LOT 2 OF THE SPRINGWOODS C-PZD TO VACATE SEWER AND ELECTRIC EASEMENTS, A TOTAL OF 0.48 ACRES, IN ORDER TO DEVELOP THE ARBORS AT SPRINGWOODS LARGE SCALE DEVELOPMENT. 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 easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: _ Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: 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 . This vacation is subject to the memorandum dated November 6, 2006 from David Jurgens, City Water/Wastewater Director outlining the proper way to abandon the existing wastewater infrastructure (memorandum is attached to the staff report). 2. The City of Fayetteville shall request disconnection of power to the lift station, and any cost to retire the transformer and underground power cable are paid by the developer. 3. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this—day of. 2007. APPROVED: By. DAN COODY, Mayor ATTEST: By. SONDRA SMITH, City Clerk EXHIBIT "A". VAC 06-2362 SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW '/4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW 1/4 OF THE NW '/4 OF SECTION 33; THENCE S02°28'26"W 1816. 10 FEET; THENCE S02030'44"W 1833. 78 FEET; THENCE S89°06'39"E 807. 11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08027'34"W 181 .68 FEET; THENCE S02°49'07"W 228.64 FEET; THENCE N87° 10'53"W 20.00 FEET; THENCE NO2°49'07"E 229.62 FEET; THENCE N08027'34"E 160.91 FEET; THENCE N51 °02'23"E 29.56 FEET; TO THE POINT OF BEGINNING; CONTAINING 0. 18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. OZARK ELECTRIC EASEMENT A 20-FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW '/4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE S02°28'26"W 1816. 10 FEET; THENCE S02°30'44"W 1833.78 FEET; THENCE S89006'38"E 807. 12 FEET TO THE TRUE POINT OF BEGINNING ; AND RUNNING THENCE S85000'00"E 20.01 FEET; THENCE S07°04'59"W A DISTANCE OF 407.49 FEET; THENCE S02038'42"W 244. 70 FEET; THENCE N87°22'50"W 20.00 FEET; THENCE NO2038'42"E 244.58 FEET; THENCE N07°04'24"E 408.44 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. ' P.ud ft)�mrm4wnw mvw.*, ,vmxnok wmw u.."An, EXHIBIT "B" I � I � m I ° 74 a I x o2fa•ar49'07 I I xar •srt x �'�ar• x I , m;w g fo ..fa' W I � wwwwyyyy � � h {a 11.I4' I n1 - I ' Ll S OSwv1 2S _ raw' z I VAN . � P I I_._._._.--- l._._. . _ i i 1 �J >I 6 IISPRINGWOOD LOT 2 �g 4 EASEMENT VACATION t„ TayeVIPC Meeting of December 11 , 2006 S THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: De^en� 06 Updated December 14, 2006 VAC 06-2362: (SPRINGWOODS, LOT 2, 286): Submitted by H2 ENGINEERING, INC. for property located at LOT 2 OF THE SPRINGWOODS C-PZD, THE ARBORS AT SPRINGWOODS. The property is zoned C-PZD, Commercial Planned Zoning District, and contains approximately 25 .24 acres. The request is to vacate sewer and electric easements (a total of 0.48 acres) that have been moved and replaced for the approved Large Scale Development, The Arbors at Springwoods within Lot 2 of the Springwoods, PZD. Property Owner: SPRINGWOODS LEISURE LIVING, LLC Planner: ANDREW GARNER Findings: Background.• On April 24, 2006, the Planning Commission approved the Large Scale Development for the Arbors at Springwoods (LSD 06- 1974). The LSD contained 122 multi-family dwelling units. This development is located in west Fayetteville, north of Moore Lane and east of Deane Solomon Road. The site contains 25.24 acres and is identified as Lot 2 of the Springwoods Planned Zoning District subdivision. The property is zoned C-PZD 03-08.00, part of the Planned Zoning District for Springwoods development. Surrounding zoning and land use is presented in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Land Use Zoning Site North Undeveloped Springwoods C-PZD 03-08.00, Commercial Planned Subdivision Zoning District South Rural Residential; Westark R-A, Residential-Agricultural, C-21 Agricultural Operations Thoroughfare Commercial East Undeveloped Springwoods C- PZD 03-08.00, Commercial Planned Subdivision Zoning District West Undeveloped RSF-4, Residential Single Family - 4 units/acre KARepons\2006TC Reports\12-1 "6\VAC06-2362 (Springwoods Lot 2).doc Property: . The subject property is an existing sewer easement (0: 18 acres) and electric easement (0.30 acres) that were platted/installed prior to this development approval. An existing lift station and some of the sanitary sewer laterals that were installed with previous development will be removed or replaced as part of the Arbors at Springwoods development. In addition, the electric easement that supplies electricity to the lift station is no longer needed. Request: The applicant's request is to vacate the sewer and electric easements in order to develop the Arbors at Springwoods. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No objections provided that the City of Fayetteville request disconnection of power to the lift station, and that any cost to retire transformer and underground power cable are paid by the developer. Cox Communications No Objections. Southwestern Electric Power Company No Objections. Arkansas Western Gas No Objections. Southwestern Bell Telephone No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections provided abandonment/vacation follows the requirements as detailed by the Water/Wastewater Director. Transportation No Objections. Solid Waste No Objections. . Engineering No Objections. Public Comment: Staff has not received any opposition to this vacation. Recommendation: Staff recommends approval of the proposed sewer , and electric K\Reports\2006TC Reports\I2-1 L-06\VAC 06-2362 (Springwoods Lot 2).doc easement vacations VAC 06-2362 with the following conditions: Conditions of Approval: 1 . This vacation is subject to the memorandum dated November 6, 2006 from David Jurgens, City Water/Wastewater Director outlining the proper way to abandon the existing wastewater infrastructure (memorandum is attached to this report). 2. The City of Fayetteville shall request disconnection of power to the lift station, and any cost to retire the transformer and underground power cable are paid by the developer. 3 . Any relocation of existing utilities shall be at the owner/developer's expense. 4 . Tlypegr-aph,ieal effefs in the legal rti@R Shall be eeffeefed and tile legal Cauneil. The efFer-s are al4aehed to this Y o and noted as f�llew&.L • sewer easefnent call N89 06 39E 807. 14 should be sem • ..leetrie easement II cm 28 263y 816 + sheald be THIS ITEM WAS ADDRESSED IN THE REVISIONS PROVIDED PRIOR TO CITY ' ' COUNCIL. PLANNING COMMISSION ACTION: yes Required 4 Recommendation to be: X Approved Denied Motion: Clark Second: Ostner Vote: 8-0-0 Date: December 11, 2006 Comments: Approved on consent agenda. The "CONDITIONS OF APPROVAL".., as stated in this report, are accepted in ,total s without exception by the entity requesting approval of this development item. By Title Date K:aeports\2006\PC Reports\12-11 -06\VAC 06-2362 (Springwoods Lot 2).doc H2� ENOINEERINO. INC. October 25, 2006 City of Fayetteville Planning Department 113 W. Mountain Sireet Fayetteville, AR 72701 RE: THE ARBORS AT SPRINGWOODS EASEMENT VACATION Staff, On behalf of our client, Mr. Don Marley, we are requesting vacation of some existing utility easements on lot number 2 of the Springwoods development. An existing sewer lift station and some.of the sanitary sewer laterals which were installed as part of the Springwoods Development are being removed or replaced as part of the recently approved Arbors at Springwoods large scale development. Specifically the easement which runs north and south supplying electricity to the lift station is no longer needed. We are requesting that this easement be permanently vacated. The two western most north south sewer laterals are still needed but will be slightly realigned. The easements for theses sewer laterals will be rededicated with the, soon to be submitted, easement plat. We appreciate your consideration in this matter. Sincerely, Thomas A. Hennelly, P. E. President 2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254 P\US Pto)s 2W510S O49Wwp\05-019 VACAw9, VAG17OU, 9/7/2006 II:OS56 M1 06r ixiffoj- /1 12910 I 1 �j��! � N 0749'OT N 760.91' 96'zry I IH.70 5VT0459y7�^" vo pp . N esroo'ao' w pV m'9 5 OS007�' I tI.OJ'Jj r t 8 QT. o %i n VOLS5'UL Z z I BIC636 0 ^ 1 Pt163 11.11 �g 1 ------------- -� = I i :1 . rI/I J J i � 1 ;,7 //7 I • 'V 2 ' SPRINGWOOD LOT 2 EASEMENT VACATION Apr 02 01 O2:57a von Gremp, LLQ -. (479) 845.47O5 p.2 Sea -IS -m06 F3:12pm Frarit Fa' tine HTNFFt9254 l 110 F.OB2Po02 F-fl7 PETITION TO VACATE AN EASEMENT PETIIT0N TO VACATE AN EASEMENT LOCATED ON LOT 2 OF THE SPRING WOODS SUBDIVISION OF TH= ORIGINAL PLAT OF THE CITY OF FAYETTEY LLE, ARKANSAS .:1. u 1 , 1�1 .y .1 1 ' 1' 1 Ir. .1: -"1 I 1 1 1 L • �•• 11 ^IJ 11 1 II •• I.III.• :• • • p I•'I -. i'::' :ii!i;f; d',. ' I [.• 1'.'/ :1 •.•_ _ 1iq I 11 r: •-ICY 'I. Li V. Y. •.. �..• ••.. 'Yi YI I1:I • 1 I'. . :"• C4. I•ICli I 1• II •1•i' Q 1 "•uo �1 ..• .1 1.• e_ :.1 .� 1 • ir. I .. .I' 1 • 1 11 Y 1 .1 L. I' • L • 1:: .1 1 .III .1: . +I. .1.1 oIJ i1 1 1 ".r:a ro_n. 1.. • 1 - • 11 ilY :• Y 1 1 •.• . •1 • .1 pp .. 14' JI • i• �C • 1 SII'- 1 11 .1 la.. .1�. 1 • 111 �i Pf1IILOd Mac s;I1H4 Pfi.4.4ttmc Sign atit 10-27-08; 8:37AM Uct-Z(-2000 IU:4ean Praa-1a III' ''\ )Ing •1 vOOZ0000 - t, +4706829264;# 2 f4(IABaZ84 � 1-UZU ?.UUZ/UU4 frU A ir7cg.W4IC, UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION REQUESTED VACATION (gpftxnawa efuk tn.. t¢): ® thwty Eaeanan O Righr-o&way for alley or eaew end all afiltYeaanents boated within the vacated rightcf.way. .O Alley • •. ..... .. .. _• .. ._•. ... r.. .I ..• r .I ... ..•....:r 1, ... • I' 1a 1 J ,. .n ulr rJl.t. 1 :. ll 1 ♦.r r.r: a . .I Jrr I. r :. ✓I r L_�Y ♦.r ✓• r . • .. 1 r l.r ✓ .r �I. rp I'. 1 ..Irr. Due SEP-20-2006 WED :01:00 PM UTILITY APPROVAL FORM FOR (In [t y EASEMENT VACATION DATE: Swtember6, 2006 I7TfL.Pf1' COMPANY: Ozarks Electric Co-op REQUESTED VACATION (W4Wcn+naa chock �lpaB14vFfr); t8) Utility Easement Rightof•-way Tar alley or dreels and all utility casanans Iocatod within the vacated right•ot=way. O O. Street rightof-way f have been notified of the peddon to vacate the following casanrnt, described as follows: Oeaetaf location / AQdoess: Eat 2 of ood-a aubdtitiaion located on the notffi aide of Moore Lane just west of Hwy 540. See apacked legal deserlptun u�td graphic rq'reaeatgllpn of easenoeat• being vacated t •• t• . a 1 i• Titk 9-I9 -o Date UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT. VACATIONS DATE: 10/6/06 UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas REQUESTED VACATION: Street X UTILITY EASEMENT Street and all the utility easements located within the vacated street Right -of -Way for alley or street Right -of -Way for alley or streets and all utility easements located within the vacated right- of-way Alley Alley and all utility easements located within the vacated alley I have been notified of the petition to vacate the following right-of-way. Described as follows: A twenty foot (20') wide utility easement located in a part of the SW %. of Section 33, Township 17 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, and being more • particularly described as follows: Commencing at the NW corner of the NW /. of the NW 1/4 of Section 33; thence S 02'28'26"W 1816.10 feet; thence S02'30'44" 1833.78 feet; thence N8906'39"E, 807.11 feet to the true point of beginning; thence S08°27'34"W 181.68 feet; thence S02°49'07"W 228.64 feet; thence • N87010'53"W 20,0 feet; thence N02'49'07"E 229.62 feet; thence N08°27'34"E 160.91 feet; thence N51'02'Z3"E 29.56 feet; to the point of beginning; containing 0.18 acres, more or less, and being subject to the rights -of -way of Moore Lane and Deane Solomon Road and any easements of record; Also, a twenty foot (20') wide utility easement located in a part of the SW % of Section 33, Township 17 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, and being more• particularly described as follows: Commencing at the NW comer of said Section 33 arid running thence 50228'26"W 816.10 feet; thence 502'30'44"W 1833.78 feet; thence 589'06'38"E 807.12 feet to the true point of beginning; and running thence 58500'00"E 20.01 feet; thence S0T04'59"W a distance of 407.49 feet;.thence 50238'42"W 244.70 feet; thence N87`22'50"W 20.00 feet; thence N0238'42"E 244.58 feet; thence N07°04'24"E 408.44 feet to the point of beginning; containing .30 acres more or less and being .subject to the rights -of -way of Moore Lane and Deane Solomon Road and any easements of record. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitute a release of easement. The attached Concurrence must be recorded at the Washington County courthouse in order for this release to be complete and legal. Signature of AT&T Company Representative: • SommerfelE. dt Palme ' , W) Mgr.-Engr. (RO October 6, 2006 H2 Engineering 2758 Millennium Drive Fayetteville, AR 72703 Gentlemen: RE: easement release-Springwoods S/D , Please find enclosed AT&T's concurrence in your request to the above mentioned easement vacation. This concurrence must be recorded at the Washington County Courthouse in the office of the circuit clerk to be complete and legal. l 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 (U�[S��A V V Proud Sponsor of the U.S. tynwfc teem n,. CONCURRENCE TO VACATE A DEDICATED EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, hereby concurs in the closing of the following dedicated utility easement, to -wit: A twenty foot (20') wide utility easement located in a part of the SW'/ of Section 33, Township 17 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, and being more particularly described as follows: Commencing at the NW corner of the NW °/a of the NW '/a of Section 33; thence 5 02°28'26"W 1816.10 feet; thence 502°30'44" 1833.78 feet; thence N89°06'39"E, 807.11 feet to the true point of beginning; thence SOS °27'34"W 181.68 feet; thence 502°4907"W 228.64 feet; thence N87°10'53"W 20.0 feet; thence NO2°49'07"E 229.62 feet; thence N08°27'34"E 160.91 feet; thence N51 °02'23"E 29.56 feet; to the point of beginning; containing 0.18 acres, more or less, and being subject to the rights -of -way of Moore Lane and Deane Solomon Road and any easements of record; Also, a twenty foot (20') wide utility easement located in a part of the SW '/. of Section 33, Township 17 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, and being more particularly described as follows: Commencing at the NW comer of said Section 33 and running thence 502°28'26"W 816.10 feet; thence 50230'44"W 1833.78 feet; thence S89°06'38"E 807.12 feet to the true point of beginning; and running thence S85°00'00"E 20.01 feet; thence 507°04'59"W a distance of 407.49 feet; thence SOT 38'42"W 244.70 feet; thence N87°22'50"W 20.00 feet; thence NO2°38'42"E 244.58 feet; thence N07°04'24"E 408.44 feet to the point of beginning; containing .30 acres more or less and being subject to the rights -of -way of Moore Lane and Deane Solomon Road and any easements of record. flt .Signed and executed this L_ day of October, 2006._ CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the _ day of October, 2006, 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 Belt Telephone LP, a Texas limited partnership, d.b.a..AT&T Arkansas, and that he executed the foregoing in3trument as the act and deed of said company of his own free will and for the purposes and nsitierdtions therein expressed and with due authority. rAR y •.m 4/ p ; 1ptfe Rock y fir.. . Ltitriess whereof I hereunto set my hand and official seal Went prepared by AT&T s -Awe , l f1H1 . • . �N- pitol, Room 941 - Ly da E- Sommerfeldt Palmer AR 72201 (501-373-5255) Notary Public in ft for Faulkner Co., AR My commission expires August 10, 2011 Sell. 18. 2006 1:40PM FAVQr OUST SVC • No. 0676 P. 1 UTLLrry APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: September 6, 2006 UTILITY COMPANY: SWEPCO REQUESTED VACATION (ants must chcckgfra„e, ): © Utility Easentatt O Right-of-way for alley or streets and all utility easements located within the vacated rightof-way. O Alley Cl Strew right-of-way I have been notified of the petition to vacate the following easetnent, described as follows:. General location / Address: Lot 2 of spingwoo4s fflthd1vis10n located on the north side of Moore Lane just west of liwy 540. See anached legal description and graphic repraentabon of easement being vacatet t. • r • l 1 objections1. h ,F:. 11 ■ .. 1 .., 1 1 n:. l I P Y 1 .1 : 1. . 1 . W . 1 1 I :sc 1 .d 1 :. ,25&V 9734'3 09/21/2006 00:54 4798720174 CUX CONSTRUCTION UTILITY APPROVAL. FORM FOR t1Ti11PY EASEMENT VACATION DATE: Septetntxx 6, 2006 UTILFTY COMPANY: Cox Commimications REQUESTED VACATION (awpraaw muar eherk gtdmeapq�y): IF> UtilityEasematt a Right-of-way for alley or stroccb end all utility easvnetits located within the vacated righiof-way. O Saeht-of-way I have been notified of the pvtltloo to vacate the following easanatt, deaaibed as follows: General location / Addles: Lot 2 of sDzahgwoods subdivision, located on the north side of Moore Lane just west of Hwy 540. UTILITY COMPANY COMMENTS: No objections to the vacations) described above. 0 No objections to the vacations) described above. provided foilowing desaibod eaaments arc retained. (&care Uc location, dhnaatema, and paryale below.) J -�(5-biC( UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION• DATE: September 6, 2006 UTILITY COMPANY: City of Fayetteville, Streets Superintendent REQUESTED VACATION (applicant must check all that apply): ID 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 easement, described as follows: General location / Address: Lot 2 of springwoods subdivision, located on the north side of Moore Lane just west of Hwy 540. See attached legal description and graphic representation of easement being vacated. UTILITY COMPANY COMMENTS: No 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.) Ot TO� Wtt u 09/21/2006 TRU16:46 FAX 479 444 3478 COP SOLID WASTE & RECYCL ® 002/003 vanity APPROVAL FORM FOR UTMZTY EASEMENT VACATION • e t' oe ye • ® Utility Easement Cl Right-of-way foralley or sweets and all utility easanants (Dated within the vacated rightof-way. 0 Alley Cl Streetrightof-way I have been notified of the petition to vacate the following eawneat, dest'tibed as follows General location / Address: Lot 2 of springwoods subdivision, located on the north side of Moore Lane just west of Hwy 540. t,;u,UL • 1 q rll�r 1..1 •1 .1 L�II 111 1 • p.l l• :11I �11. 1•. 1' 9 J ..1 '11 •1111: R UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION DATE: September 6, 2006 UTILITY COMPANY: City of Fayetteville, Water & Sewer. REQUEb"TED VACATION (applicant must check all that apply): E> Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. O Alley LI 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: Lot 2 of Springwoods subdivision, located on the North side of Moore Lane just West of Hwy 540. See attached legal description and graphic representation of what is being. vacated UTILITY COMPANY COMMENTS: O No objections to the vacation(s) described above. /�� S4//. 7Z✓��J/ No objections to the vacation(s) described above,tined (State the location, dimensions, and purpose below.) Date TavetTITHIC,SAS DEPARTMENTAL TO: Jan Gambill, Planning FROM: David Jurgens, Water & Wastewater Director DATE: November 6, 2006 SUBJECT: Easement Vacation Request, The Arbors .at I concur with the easement vacation request at the Arbors at Springwoods, but the easement cannot be abandoned until the requirements listed in this memorandum are met. Per the letter dated November 1, 2006, the engineer of record, 142 Engineering, Inc„ stated that "The developers of The Arbors at Springwoods will abandon the sewer lift station and existing gravity lines." The engineer has submitted drawings to the Engineering Department for review. The drawings must be modified to identify which lines are to be abandoned, and how they will be abandoned. 1. All existing manholes and the wet well to be abandoned, shall be abandoned per the attached detail. 2. All existing sewer lines to be abandoned that tie to a manhole that. will remain in service, must be identified and must be dug up outside the manhole that will remain in service, and physically plugged with a water tight plug in every direction. 3. All existing pump station equipment shall be salvaged and delivered to the City of Fayetteville: Any wet wells or valve vaults shall be abandoned in accordance with the manhole abandonment detail attached. V2i- 1'1 LIJiiiiw: 111 Cc: Engineering Water/Sewer Operations H2 Engineering Arbors at Springwoods EasmtV ac Nov06 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR AN EASEMENT VACATION REQUEST Date: September' 6, 2006 Address / location of vacation: Lot 2 of Springwoods subdivision, located on the north side of Moore Lanejust west of Hwy 540. REQUESTED VACATION: I have been notified of the petition to vacate the following easement, described as follows: SURVEY DESCRIPTION FOR SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW'/.OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW '/. OF THE NW /4 OF SECTION 33; THENCE S02°28'26"W 1816.10 FEET; THENCE S02930'44W 1833.78 FEET; THENCE N89'0639"E, 807.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08°2T34W 181.68 FEET; THENCE S02°49'07'W 228.64 FEET; THENCE N87°10'53"W 20.00 FEET; THENCE NO2°49'0TE 229.62 FEET; THENCE-N08°2T34"E 160.91 FEET; THENCE N51°0223"E 29.56 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION FOR OZARK ELECTRIC EASEMENT A 20 -FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW %.OF SECTION 33, TOWNSHIP 17 NORTH. RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY. ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE S02°28'26'W 816.10 FEET; THENCE 502°3044W 1833.78 FEET; THENCE.S89°06'38"E 807.12 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S85°00'00°E 20.01FEET; THENCE S07°04'59W A DISTANCE OF 407.49 FEET; THENCE S02°3842°W 244.70 FEET; THENCE N87°275W 20.00 FEET; THENCE NO2°3842"E 244.58 FEET; THENCE N07°04'24°E 408.44 FEET TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTSdF- WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. VI do not object to the vacation described above. ❑ I do object to the requested vacation because: ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR AN EASEMENT VACATION REQUEST Date: September 6, 2006 Address / location of vacation: Lot 2 of Springwoods subdivision, located on the north side of Moore Lane just west of Hwy 540. REQUESTED VACATION: I have been notified of.the petition to vacate the following easement, described. as follows: SURVEY DESCRIPTION FOR SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW %OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW % OF THE NW % SECTION 33; THENCE S02°2826'W 1816.10 FEET; THENCE 5O2°304(W 1833.78 FEET; THENCE N89°0639'E, 807.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08°27'34W 181.68 FEET: THENCE S02°49'0TW 228.64 FEET; THENCE N87°10'53'W 20.00 FEET; THENCE N02°49'0TE 229.62 FEET; THENCE N08°2T34'E 160.91 FEET;.THENCEN51°022XE 2956_ FEET; TO THE POINT OF BEGINNING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION FOR O_ZARK ELECTRIC EASEMENT A 20 -FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW V440F SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE 502°28'26W 816.10 FEET; THENCE S02°30'44"W 1833.78 FEET; THENCE S89°06'38'E 807.12 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S85°00'00`E 20.01 FEET; THENCE S07°04'59'W A DISTANCE OF 407.49 FEET; THENCE S02°38'42W 244.70 FEET; THENCE N87°2250W 20.00 FEET; THENCE N02°3842'E 244.58 FEET; THENCE N07°04'24'E 408.44 FEET TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. 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: u t >�- Name of1Property Owner (printed) Owner I� I, ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR AN EASEMENT VACATION REQUEST Date: September 6, 2006 Address / location of vacation: Lot 2 of Springwoods subdivision, located on the north side of Moore Lane just west of Hwy 540. REQUESTED VACATION: - I have been notified of the petition to vacate the following easement, described as follows: SURVEY DESCRIPTION FOR SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW Y. OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF. THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW Y. OF THENW Y. OF SECTION 33; THENCE S02°28'26'W 1816.10 FEET; THENCE 502°3044'W 1833.78 FEET; THENCE N89°06'39'E, 807.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08°2734'W 181.68. FEET; THENCE S02°49'07'W 228.64 FEET; THENCE N87°10'53'W 20.00 FEET; THENCE NO2°49'0rE 229.62. FEET; THENCE.N08`2r34'E.160.91 FEET: THENCE N51°02'23'E 29.56 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION FOR OZARK ELECTRIC EASEMENT A 20 -FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW Y. OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE S02°28'26"W 816.10 FEET; THENCE 502°30'44'W 1833.78 FEET; THENCE S89°0638'E 807.12 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S8.5°00'00 -E 20.01 FEET; THENCE S07°04459'W A DISTANCE OF 407.49 FEET; THENCE S02°38420W 244.70 FEET; THENCE N87°22'50'W 20.00 FEET; THENCE NO2°3842'E 244:58 FEET; THENCE N07°04'24E 408.44 FEET TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. 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: NrNCv F, #1V 1f =f V/'7 Name of Property Owner (printed) i.i ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR AN EASEMENT VACATION REQUEST Date: September 6, 2006 Address / location of vacation:. Lot 2 of Springwoods subdivision, located on the north side of Moore Lane just west of Hwy 540.. REQUESTED VACATION: I have been notified of the petition to vacate the following easement, described as follows: SURVEY DESCRIPTION FOR SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW Y40F SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW 'A OF THE NW Y. OF SECTION 33; THENCE S02°28'26W 1816.10 FEET; THENCE SO 30'44W 1833.78 FEET; THENCE N89°06'39'E, 807:11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08°2T34'W 181.68 FEET; THENCE S02°49'0TW 228.64 FEET; THENCE • ..... N87°10'53'W 20.00 FEET; THENCE NO2°49UTE 229.62 FEET, THENCEN08'2T34'E 160.91 FEET; THENCE-N51°02'23'E 29.56• -... FEET; TO THE POINT OF BEGINNING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF- WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. . SURVEY DESCRIPTION FOR OZARK ELECTRIC EASEMENT A 20 -FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW'A OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE S02°26'26"W 816.10 FEET; THENCE S02°30'44'W 1833.78 FEET; THENCE S89°0638°E 807.12 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S85°0000'E 20.01 FEET; THENCE S07°0459W A DISTANCE OF 407.49 FEET; THENCE S02°3842'W 244.70 FEET; THENCE N87°2750W 20.00 FEET; THENCE NO2°38'47E 244.58 FEET; THENCE N07°04'24 -E 408.44 FEET TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS ANQ BEING SUBJECT TO THE RIGHTS OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. 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: ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR AN EASEMENT VACATION REQUEST Date: September 6, 2006 Address / location of vacation: Lot 2 of Springwoods subdivision, located on the north side of Moore Lane just west of Hwy 540. REQUESTED VACATION: I have been notified of the petition to vacate the.following easement, described as follows: SURVEY DESCRIPTION FOR SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW % SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WITT: COMMENCING AT THE NW CORNER OF THE NW Y° OF THE NW Y° OF SECTION 33; THENCE 5022826W 1816.10 FEET; THENCE S02°3044'W 1833.78 FEET; THENCE N89°06'39"E, 807.11 FEET TO THE TRUE POINT OF BEGINNING; THENCE S08°2T34"W 181.68 FEET; THENCE S02°49'OTW 228.64 FEET; THENCE N87 °1053'W 20.00 FEET; THENCE NO2°49'07'E229.62 FEET; THENCE NOS°2T34'E 160.91 FEET; THENCE N51°02'23'E 29.56 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANEAND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION FOR OZARK ELECTRIC EASEMENT A 20 -FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW V. OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE NW CORNER OF SAID SECTION 33 AND RUNNING THENCE S02°28'2&W 816.10 FEET; THENCE S02°30'44"W 1833.78 FEET; THENCE S89°0638'E 807.12 FEET TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S85°0000°E 20.01 FEET; THENCE S07°04'59W A DISTANCE OF 407.49 FEET; THENCE . 502°3842'W 244.70 FEET; THENCE N87°2750'W 20.00 FEET; THENCE NO2°3842"E 244.58 FEET; THENCE N07°04'24"E 408.44 FEET TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. 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: NacvArrc me of Property Owner (printed) Signature of Property Owner FAYETTLVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8267 PLANNING DIVISION CORRESPONDENCE TO: GIS FROM: Jan Gambill, Senior Planning Clerk DATE: SUBJECT: Legal check for planning project Project Name: l�t J b mZ3 r(J_7 1672 Return by: Parcel: 7 2-43f U u Plat Page#: _L_____________ Current Zoning: 1�_ Section: 53 Proposed Zoning: Township: 1 Range: 3L7 Submittal: 1st 2nd 3rd Closure error / comments: rim4- SM&v' l -f ,i c%surc iS gaae{ T .41' ;A i, Ii,e.e are 4 COuPJe o� i ypps _ sewer euemeni C4lj M89-O/o-3q E &Y . II Skos1cl be Soc.TH - EASTl elec-lr,z ease,nenf cal/ S,oa-a$-2GW 8110_ SAo4fd be l,ef6.ia Has the applicant been contacted with requested revisions: YES NO Checked by: �y Date shape file was created: /f 1 t7/M SURVEY DESCRIPTION FOR SEWER EASEMENT A.TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW N OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH. PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY • DESCRIBED AS FOLLOWS TO WITT: COMMENCING. AT. THE NW CORNER OF THE NW M OF THE NW 'A OF SECTION 33; THENCE 502°28'26"W 1816.10 FEET; THENCE coI, 50.2°30'44"W 1833.78 FEET; THENCE 89?06'39"E; 807.11 -FEET TO TUB TRUE POINT OF BEGINNING; THENCE S08°27'34W 181.68 FEET; THENCE S02°49'07W SIi3 228.64 FEET; THENCE N87°10'53"W 20.00 FEET; THENCE NO2°49'07"E 229.62 1 _� FEET; THENCE N08°27'34"E 160.91 FEET; THENCE N51°02'23"E 29.56 FEET; TO THE POINT OF BEGINNING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF -WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. SURVEY DESCRIPTION FOR OZARK ELECTRIC EASEMENT A 20 -FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW 'A OF SW (p .td SECTION -33, TOWNSHIP 17 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL 1� MERIDIAN IN WASHINGTON COUNTY,. ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT:. COMMENCING AT. THE NWCORNEROF SAID SECTION 33 AND RUNNING. THENCE S02?28'26I W :81610`":FEET;- THENCE S02°30'44"W 1833.78 FEET; THENCE S89°06'38"E 807.12 FEET•TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE S85°00'00"E 20.01 FEET; THENCE S07°04'59"W A DISTANCE OF 407.49 FEET; THENCE S02°38'42"W 244.70 FEET; THENCE N87°22'50"W 20.00 FEET; -THENCE NO2°38'42"E 244.58 FEET; THENCE N07°04'24"E 408.44 FEET TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHTS -OF - WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. VAC06-2362 Close Up View C SPRINGWOODS LOT 2 SUBJECT PROPERTY I aA' 11 .• ♦ [�. iE i l V M. R'f f I a .Y ^..��• rte' rl fi [1 f : ♦ 1 '• ty: t :-_,t_I• x c . • 4.1 rC �n('.'f e4 1` � t - r .:.•efl aAA: yVfi i z'r C♦l {^ ?t'f.• a'.IG'r']°L r :t•{a.l yn r..s4:- 6 ' ,S s4 ♦ . ,3..4�f Y 1:£ k n h Ny.1 £ < ' - [ \�£•¢ ?/ f 4 `-.'T' . v YY.1.. ' h': u, v y [ r H 'z♦ 1 fat 'f1. S . . a a s'(� L � rl}ar YYYf ih[r - t Tact 4� . N: { w' n ifrf Arn.. e<i .>v <I i e 6r�+Y' ♦<Zai; ' Fes, ftr • )� -af yf i nfp: V 7. n'a- l♦�' ✓ R f'•.1 a 1 ) e �- -i ii -._i• -. d t r 'n . a r /dY /• _ y.. 1 d :M '*.,/*, A Iaa ♦ ♦ 4 ♦ • Un 2 CPZD y 1'♦d r e.. j;..r' .ETA i 1 • in a R S n ✓ i a 1 :.• °. 1♦ _i< T '1 •��. ! R [. . .e .Y�' 'il 4 f}r Ye_t • i ..t - S -r: IT ]w' f f- i-- - Y 1♦ aNr • - . • Pr 1[ 1 • �c 9 .l a • h r. a•r, rt'!]r , Y 'k OY i s It-. 1 y lrr�R Y n<♦rvi.4yta .y j•i2 .1^ �> c< x ..-.Y3Y'na♦ 10_rnrR' of r . G. ).a "fs i ..a YY - .!!Y♦Yy zl '. tam .5 at 1 f ca ♦S ; y e'.. .<I!M' YR at9 -.. .. aisY♦ •apt \ f4 n k�T L•>7i �'� a 4.`+.> ya >L• ♦r nY.n'• Lti/i♦ > 5=t �zv zi i ��i>r A , t r P rK <LJ ^ < .:t(t 4 :aN • V F -r • Y •'.I Bo00Q Overlay Dlailkt — FLOODWAY — 500 YEAR m0o0XX — 100 YEAR -- LIMIT OF STUDY - - - Baseline Prone D Fayetteville - r. Outside City VACOO-2762 ® vector.GD&FOO1 lnt 2004 Hdlsld 4lllltc, Overlay District 0 75 150 300 450 600 Feet (1.8.07) Clarice Pearman - Ords. 4968-4971 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 1.8.07 4:01 PM Subject: Ords. 4968-4971 Attachments: 4971 R-PZD 04-1307 extension.pdf; 4969 R-PZD 06-2349.pdf; 4970 VAC 06-2362. pdf; 4968 RZN 06-2366.pdf CC: Audit; GIS Jeremy, Attached are the ordinances passed by City Council, January 2, 2007 regarding various zoning and vacations. Please let me know if anything else is needed. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearmafl@ci.fayetteville.ar.us NORTHWEST ARKANSAS EDITION' • Benton County Daily Record P.O. BOX 1607 FAYE I I EVILLE, 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 4970 Was inserted in the Regular Editions: January 12, 2007 Publication Charge: $142.43 Subscribed a sworn to before me Thisladay o 1� 2007. JAN 1 6 20 CITY OFFAYETTEVIVILLE CITY CLERK'S OFFICE Notary Public My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 .a. t• ORDINANCE NO. 4970 - MI ORDINANCE APPROVING VAC 06-2362 SUB- Tavetfli �AMITTED BY C ENGINEERING FOR 2362 SWYC LOCATED AT LOT 2 OF THE SPRINGWrOODS C- PZD TO VACATE SEWER AND ELECTRIC EASE- MENTSATOTALOF0.48ACRES,INORDERTO ARKANSAS DEVELOP THE ARBORS AT SPRINGWOODS LARGE SCALE DEVELOPMENT 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 • 1 I' WHEREAS, the City Council has determined that the following described portion of the plaited utll- Ityeasemems are not required for corporate purposes; ••t NOW. THEREFORE, BE ITORDAINEO BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: p:•I Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easements: Sea Exhibit 'A" attached hereto and made a part hereof. 14 - Section 2: That a copy of this Ordinance duty certified by the City Clerk along with the map attached hereto and labeled Exhibit '8shall be filed in the office of the Recorder dl the County and record- ed In the Deed Reco ds of the County. Section 3i 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. This vacation is subject to the memorandum dated November 6, 2006 from David Jurgens, City WateriWastewater Director outlining the proper way to abandon the existing wastewater Infrastruc- ture (rnen crandum is attached to the staff report). 1. 2. The City of Fayetteville shall request disconnection of power to the lift station, and any cost to retire the transformer and underground power cable are paid by the developer. 3. Any relocation of existing utilities shall be at the owner/developers expense. PASSED and APPROVED this ZIid day of January. 2007. APPROVED: ATTEST: By: - BY DAN COODY, Mayor SONORA SMITH. City ClerwflofluteT 1 EXHIBIT'Am VAC 06-2362 SEWER EASEMENT A TWENTY FOOT WIDE UTILITY EASEMENT LOCATED IN A PART OF THE SW 1/4 OF SECTION 33 TOWNSHIP 17 NORTH, RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTO COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY.DESCRIBED AS FOLLOWS TO WIT! COMMENCING AT THE NW CORNER OF THE NW 1/4 OF THE NW 114 OF SECTION 33; THENCE S02°28'26"W 1816.10 FEET, THENCE 502°30'44W 1833.78 FEET; THENCE S89°0639'E 807.1' FEET TO THE TRUE POINT OF BEGINNING; THENCE S0B°27'34'W 181_68 FEETTHENCE NING; CONTAINING 0.18 ACRES MORE OR LESS AND BEING SUBJECT TO THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND ANY EASEMENTS OF RECORD. ^ r T I. tE OZARK ELECTRIC EASEMENT . A 20 -FOOT WIDE'UTILITY EASEMENT LOCATED IN A PART OF THE SW 1/4 OF SECTION 33, TOWNSHIP 17 NORTH. RANGE 30, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN WASHINGTON COUNTY, ARKANSAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE NW CORNER OF SAID SECTION'33 AND RUNNING THENCE $02°2826W 1816.10 FEET; THENCE S02'3044W 1B33.78,FEET; THENCE S89°06'38"E 807.12 FEET TO THE TRIIF POINT OF BEGINNING: AND RUNNING THENCE S85°O0'00OE 20.01 FEET. THENCE '°22'50'W 20.00 FEET: THENCE N02°38'42 -E 244.58 FEET; THENCE NOr04'; THE POINT OF BEGINNING; CONTAINING 0.30 ACRES MORE OR LESS AND THE RIGHT-OF-WAY OF MOORE LANE AND DEANE SOLOMON ROAD AND. ,Jr nCUVnU.,.. i r• '• • n e ..- Exhibit B Is a map and may bas viewed in the office of the city ctei1 reasurer during normal business hours. At, _.._