HomeMy WebLinkAboutOrdinance 5009 Doe ID :
Recorded : 05/04%20000at702:53:13 PM
Fee Amt : $37 . 00 Pace 1 0f q
Mashlnaton Countv . AR
Bette Stamoe Circuit Clerk
Flle2007-00016989
ORDINANCE NO. 5009
AN ORDINANCE APPROVING VAC 07-2484 SUBMITTED
BY JORGENSEN AND ASSOCIATES FOR PROPERTY
LOCATED AT 2791 NORTH SHADYBROOK COVE TO
VACATE 12.5 ' OF A 25 ' UTILITY EASEMENT, A TOTAL OF
1 ,277 SQUARE FEET.
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 `B" 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 "A" 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 . Any relocation of existing utilities shall be at the owner/developer' s expense.
2. The applicant shall provide access to an existing manhole under the existing fence, via
methods approved by the Water and Sewer Division.
Page 2
Ord. 5009
••••pcHrr nrrole, r
PASSED and APPROVED this 17th day of April, 2007.
At-X, •6\1 Y O;r
APPROVED: ATTEST: e • :j°
; FAYETrEVILLE ;
By. By: 6 — F'9�••9RkANSPJ�`
� `-
DAN COODY, Mayor SONDRA SMITH Ci Clerk/Treasurer 'ij�TON�%CO•`•��
City auu�
EXHIBIT "A"
\ 765-19687-000 4 SIDEWALK L-37.73
BURTON 9 BEVERLY ELLIOT R=50.000 \
\ 2805 N SHADYBROOK CV
FAYETTEVILLE• AR 72703-4384
\ CONCRETE PAD L=28.720
o• U.E- A3Z ? Rm15.50• _
M• E
\ N
` IRON FENCE
VACATE 12.5' OF U.E. �A
\ CONCRETE O O
DRIVEWAY C
2\U.. 0 m
L42
EXISTING I " 25' U.E. 6 p �.
HOUSE A ® BUILDING SO 4f Q
LOT 46 v Q
p \ \ EXISTING 4• SIDEWALK
DECK o0
to
(y oa oa
10' U.E. u I
�j \ •P \
m2 6 ton
p
50' R/W
WOO FENCE g13 p ow w EX. 8' S.S.
00 i
765-19809-000 31.00
O MATTHEW & JENNIFER MASON
2777 N D
P•O.B. FAYETTEVIILLE,O
AR72703-4372
EXHIBIT "B"
VAC 07-2484
COMMENCING AT THE SW CORNER OF SAID LOT 46 THENCE N73008 '44"E 12.65
FEET TO THE P.O.B., THENCE N25037'53"W 102. 18 FEET, THENCE N73008 '44"E 12.65
FEET, THENCE S2503715379E 102. 18 FEET, THENCE S73008 '44"W 12.65 FEET TO THE
P.O.B. ; CONTAINING 1 ,277 SF.
Washington County, AR
I certify this instrument was filed on
05/04/2007 02:53: 13 PM
and recorded in Real Estate
File Number 2007-00016989
Bette Stamps - Circuit Cier
by
addzd a 4tb S�� MlIV 7 q,11 -7167ALDERMAN GENDA REQUEST FORM 50d9
✓� c d 7 -� 54x`1/
�tioads
FOR: COUNCIL MEETING OF April 17, 2007
FROM: Bobby Ferrell
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
VAC 07-2484 (Rhoads) - Utility Easement Vacation
AN ORDINANCE APPROVING VAC 07-2484 TO VACATE A PORTION
OF 25-FOOT UTILITY EASEMENT AT 2791 NORTH SHADYBROOKE
COVE.
APPROVED F AGENDA:
Gf- 7
Alderman Bobby Ferrell Date
Jerem to Date
irecto of Current Planning
City Council Meeting of April 17, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations , D
From: Jeremy C. Pate, Director of Current Planning�3`
Date: April 10, 2007
Subject: Utility Easement Vacation for Rhoads (VAC 07-2484)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance vacating a
portion of a 25 ' utility easement located on Lot 46 of Brookbury Woods Addition.
BACKGROUND
The subject property is 2791 North Shadybrook Cove, Lot 46 of Brookbury Woods
Addition. Itis located south of Old Wire Road / Skillern Road and zoned RSF-4. The
property was platted in July 1995. A designated floodplain abuts the lot's west property
line. Easements platted on the property include a 25' utility easement along the west/rear
property line, a 10' utility easement along the side/south property line, and a 25 ' utility
easement along the right-of-way.
The applicant requests vacation of 12.5' ( 1 ,277 square feet) of the existing 25 ' utility
easement along the west property line to create sufficient area for improvements to the
rear yard. These improvements include the installation of a pool as well as a patio and a
fire place with brick ledge. The pool itself will not encroach within the easement, but the
fire place and brick ledge will. If the vacation is approved, a 12.5 ' utility easement will
remain, which is greater in width than the 10' utility easement adjacent to the west
property line of Lot 45 to the north and one-half the size of the 25 ' utility easement to the
south.
Staff recommends vacation of one-half of the 25 ' utility easement as request. Two
adjoining property owners have indicated no objections to the request.
DISCUSSION
The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the
City Council with a recommendation for approval. Notification was provided to all
appropriate utility representatives. Conditions of approval are recommended in order to
satisfy the comments made by city division and utility company representatives.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2484 SUBMITTED
BY JORGENSEN AND ASSOCIATES FOR PROPERTY
LOCATED AT 2791 NORTH SHADYBROOK COVE TO
VACATE 12.5 ' OF A 25' UTILITY EASEMENT, A TOTAL OF
1 ,277 SQUARE FEET.
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 `B" 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 "A" 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 . Any relocation of existing utilities shall be at the owner/developer's expense.
2. The applicant shall provide access to an existing manhole under the existing fence, via
methods approved by the Water and Sewer Division.
Page 2
Ord.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
\ \ 4' SIDEWALK L=37.730
BURTO887-000
BIATON 6 BEVERLY ElUOT R=50.00•
\ 2805 N SHADYBROOK CV
FAYETTEVILLE. AR 72703-4384
\ CONCRETE PAD L=2$.72'
.�. Rml5,50•
0' U.E. �3
�\ IRON FENCE � • ,
`VACATE 12.5' OF U.E. ••
. \ CONCRETE O O
DRIVEWAY O
\ w O
EXISTING ® BUILDING SO Q•
HOUSE Q
LUT 46
O\ \ EXISTING 4' SIDEWALK to
Y� \ DECK 0
n
�a.,•f 4SJB f S N 1t ✓
EX. 8.S.S.
YP F \ 50' R/W
WO
T b o Aq' Y8
D FENCE
s
785-19889-000 31.00
O MATTHEW 8 JENNIFER MASON
2777 N SHADYBROOK CV
P.O.B. FAYETTEVILLE. AR 72703-4372
EXHIBIT "B"
VAC 07-2484
COMMENCING AT THE SW CORNER OF SAID LOT 46 THENCE N73008144"E 12.65
FEET TO THE P.O.B., THENCE N25037953"W 102. 18 FEET, THENCE N73008144"E 12.65
FEET, THENCE S25037753"E 102. 18 FEET, THENCE S7300814415W 12.65 FEET TO THE
P.O.B.; CONTAINING 1 ,277 SF.
PC Meeting of April 09, 2007
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain Sl.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner �e
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Plannin
DATE: March 12, 2007
VAC 07-2484: (RHOADS, 294): Submitted by JORGENSEN AND ASSOCIATES for
property located at 2791 N. SHADY BROOK COVE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acres. The
request is to vacate 12.5' of a 25' utility easement.
Planner: Suzanne Morgan
Findings:
Property Description: The subject property is Lot 46 of Brookbury Woods Addition. It
is located south of Old Wire Road / Skillern Road and zoned RSF-4. The property was
platted in July 1995. A designated floodplain abuts the lot's west property line.
Easements platted on the property include a 25 ' utility easement along the west/rear
property line, a 10' utility easement along the side/south property line, and a 25 ' utility
easement along the right-of-way.
Request: The applicant requests vacation of 12.5 ' ( 1 ,277 square feet) of the existing 25 '
west/rear utility easement to make improvements to the rear yard. These improvements
include the installation of a pool as well as a patio and a fire place with brick ledge. The
pool itself will not encroach within the easement, but the fire place and brick ledge will.
If the vacation is approved, a 12.5 ' utility easement will remain, which is greater in width
than the 10' utility easement adjacent to the west property line of Lot 45 to the north and
one-half the size of the 25 ' utility easement to the south.
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 Not Applicable
Cox Communications Any relocation or damage to existing
plant will be at the
owner/developer's expense.
K:\Repons\2007W Reports\04-09-07WAC 07-2484 (Rhoads).doc
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 that 12.5 ' of
the existing utility easement remain
and the applicant provides access to
a manhole located under the fence in
a manner approved by the Water and
Sewer Division.
Transportation No Objections
Solid Waste No Objections.
Engineering No Objections
Public Comment: Owners of Lots 45 and 47 have indicated no objections with the
proposed utility easement vacation.
Recommendation: Staff recommends forwarding (VAC 07-2484) to the City Council
with a recommendation for approval with the following conditions.
Conditions of Approval:
1 . Any relocation of existing utilities shall beat the owner/developer's expense.
2. The applicant shall provide access to an existing manhole under the existing fence,
via methods approved by the Water and Sewer Division.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTI N : Required
Planning Commission Action: Forwarded ❑ Denied ❑ Tabled
Date: April 09, 2007
Motion : T�kM6
Second: '' .
`6
Vote: 6 - 0 0 - 0 (on
Comments:
K:\Repons\2007\PC Reports\04-09-07\VAC 07-2484 (Rhoads)Am
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT. P.E.
1/15/07
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Planning Dept
Re: Robert Rhoades Easement Vacation
Enclosed herewith please find an application for an easement vacation. I have sent this to
the various utilities for review at the next plat review.
This partial vacation is for construction of a pool.
Please call concerning any questions you may have.
Thank you.
Sincerely;
David L. Jorgensen , .
•STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING
3-12-07; 3:30PM;H911 Estill
VV\Vy.. VY.. M laV✓VV
4799730520
# 2/ 2
w-4YVL
PETITION TO VACATE A portion of an easement LOCATED AT Lot 46 Brookbury
Woods Subdivision, CITY OF 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 /easement) hereinafter
sought to be abandoned and vacated, lying in (lot 46 Brookbury Woods), City of Fayetteville,
Arkansas, a municipal corporation, petition to vacate the east half (12.5') of the 25' easement on
the west side of said Lot 46 and being described as follows:
Commencing at the SW Comer of said Lot 46 thence N73008'44"E 12.65 Feet to the P.O.B.
thence N25°37'53"W 102.18 Feet, thence N73°08'44"E 12.65 Feet, thence S25°37'53"E 102.18
Feet, thence S73°0844"W 12.65 Feet to the P.O.B_; Containing 1,277 SF.
That the abutting real estate affected by said abandonment of said easement in Lot 46 of
Brookbury Woods Subdivision 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 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 easements of the public for the use of said
alley.
Printed name
Signature
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FROM : FAX NO. Jan. 28 2007 10:2ePM P1
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date:
Address / location of vacation: 7,74q) Pl, 4H4p( ( ppl ,r (ft u X
Adjacent property address: _ ) u to_ t0r $ OS ti 5k (j.vp Lv
Lot: Subdivision: f ' a1,gY _„� 721O3 -1V
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
EMT- /z d Z-5' DE-. I SA ya2 D of- L&i- C t>
12,E
(Include legal description and graphic representation of what Is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
O 1 have been notified of the requested vacation and decline to comment.
0 I do not object to the vacation described above.
0 1 do object to the requested vacation because:
&RtQ,,v
Nutria o petty Owner (printed) �-[
Signature of Property Owner
February 2004
Page 6
ui,Zaiznar 10:27
i
4794446346
BANK OF FAYETTE"TLLE
PAGE 01/01
r
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: ik
Address / location of vacation: Z1ij I IJ. SH Aa'f gQ
Adjace ro address: ... /e.v /fl.ton
2177/U Sk..AybroelLCt/
Lot: -46ta Y �.�y
ti
., F-tPyt�rIr<�4R
Block: � Subdivision:
727O 3 -4 3-7
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
�/FST t/Z OF 2-5' V •S. ! 8iacc%nt n OF L94-tL94-t Via' C(2 '�
(Include legal description and graphic representation of what it being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
O I have been notified of the requested vacation and decline to comment.
I do not abject to the vacation described above.
O 1 do object to the requested vacation because:
Febn asy 2004
Paged
j02/151'2008 11:14 FAX 479582J0RGENSEN & ASS0C 1000,
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: ip
UTILITY COMPANY:
REQUESTED VACATION (applicant must check 1'U that apply):
1'7 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, easemeni, right-of-way), described as follows:
General location / Address: 7-7 R fJ, 4 ev
(Lor 4-h.o nSYlf�.LLfr( sOs 42cy L .on,
(Include legal description and graphic representation of what Is being vacated)
/
EAST Z or LLt. r kr 46 OS'J
r)
UTILITY COMPANY COMMENTS:
0 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.)
I
signature of UUtiiiity Co ry Rep
\Ckresenta1ative
t '4w..L Sat. ov`
Title
Pehfvmy 2004
Pagr S
/
JAN -19-2007 FRI 06:55 AM P. 01
• �.. �.. r.. vv. a♦ .na 7, epesyc ouzwraar.L, a aJJVr.
t010a1/uua
UTILITY APPROVAL FORM
FOR RIGHT- OF. WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: r77
UTILITY COMPANY: 404'SGYQ'�4✓
REQUESTED VACATION (appihane mwst check sill µne apply);
Bt Utility Easement
O Right-of-way for alloy or streets and all utility easements located within the vacated right- of- way
O Alley
O Street right.orway
I have been notified of the petition to vacate the following (alley, eartrneni, Nght-o%ws), described as follows:
General (_ acsdop/,address: Zi e%1 a R� ,
La 4 i'a*a ie p„ B C`y£ dREy Lde�
uao
()wciw4e legal dne 1paon M$grapble reprereprapon a/what is being vacated) 1r
EAsr "Or 764 U.�. l3 8>tc�YAEn of LBr 4(, UTILITY COMPANY GO► II S:
No objecdons to the vocafion(s) described above.
O No objections to the vscadoa(s) described above, provided fallowing describedeasaments am retained.
(State the location, 4bnwtslons, and Purpose below.)
Stgnanuetil �pany �piive
Sys/e,r STRk/V3 % eeH
Tale
Prone? 2004
Pae• l
01/22/2007 17:38 4798720174 COX C0NSTRUCTI[w PAGE 02/02
/ 01/17/2000 08:16 PAZ 47068 JORG141SISN it Al: swjs,....-
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: T
REQUESTED VACATION (applicant must check 211 that app(y):
!0' Utility Easement
o Right -of way for alley or streets and all utility casements located within the vacated right- of- way.
C Alley
O Street right -of --way
I have been notified of tho petition to vacate the following (alley, easemanl, right-of-way), described its follows:
Generallocation/Addrsast Z%41 t.. 5a./.1,v s_.� . i_ /n. _-
/ (Include lago`descripiton graphicrepresentafan ofwhat k behrg vacated)
El�T a or kr r-Yhp.n O F [ter .¢6
UTILITY COMPANY COMMENTS:
bD No objections to the vacation(s) described abovo.
No objections to the vacatian(a) described above, provided following described ansemens are retained.
(State the location, dimensions, and Duroose below.l
Sign of Utility Company
pa 4 g !O!'
Title
Febr ny 2004
peee j
Feb. 16. 2007 (GPM F#m CUST SVC . No. 1310 P. 2
fl Arkansas VVastern Gas
Company
A subsidiary of Southwestern Energy Company
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,
ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: Tuesday, January 30, 2007
UTILITY COMPANY: Arkansas Western Gas Company
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 alleys 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
Description described as follows:
Utility Easement
(Please see list above)
Easement vacate for Robert Rhoades (Present owner Aubrey Carrington) at 2791 North Shadybrook
Cove (Lot 46 in Brookbury Woods Subdivision). Request to vacate % of 25 foot utility easement in
back yard of mentioned Lot 46 leaving approximately 12.5 feet. The request is described as follows;
Commencing at the SW Corner of said Lot 46 thence N73°08'44 -E 12.65 feet to the P.O.B. thence
N25°37'53 W 102.18 feet, thence N73°08'44E 12.65 feet, thence S25°3T53°E 102.18 feet, thence
S73°08'44°W 12.65 feet to the P.O.B.; Containing 1,277 SF.
UTILITY COMPANY COMMENTS:
I No objections to the vacates described above.
❑ No objections to the vacates described above, provided following described easements are
retained. Please state the location, dimensions, and purpose below.
Signature of Utility Company Representative
Fayetteville Assistant Operating Manager
Title
01/31/2006 11:42 FAX 4795824807 JORGENSEN & ASSOC Ij002
at&t
CONCURRENCE TO VACATE
A DEDICATED UTILITY 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 vacation of a portion of a dedicated utility easement, to -wit:
The easternmost twelve and one-half feet (12.5') of a twenty-five foot (25') dedicated utility easement that
runs north and south along the western property line of Lot 46 of the Brookbury Subdivision to the City of Fayetteville,
Washington County, Arkansas.
Signed and executed this 3111 day of January, 2007
r
By: 54^94
. Jean Davis
irector-Engmeering/Construction
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the 31" day of December, 2006, before me, the undersigned authority, duly 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•EngineeringlConsbucton for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T
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 expressed and with due authorty.
% j ERFf/
4 S ,,,i,. �n•gss,whereof I hereunto set my hand and official seal.
\ PUa1.%G ; a .
b; AT&T W dXlll >
r R06M but Lyn E. Sommerfeldt Palmer
Lbe Rock i R 72201(501473.5255) Notary Public in & for Faulkner Co.
My commission expires 8111/2011
01/30/2007 15:54 FAX 4794443490 COF TRANSPORTATION DIVIS
__ - - • fl•A w, auoca J0RGENSEN & ASSOC
521. 85'00
UTILITY APPROVAL FORM
FOR RIGHT- OF WAY, ALLEY, AND
UMITY EASEMENT VACATIONS
DATE: -__�D7
UTILITY COMPANY:
REQUESTED VACATION (app//cant Inks' check q that apply):
Utility Easement
0 Right-obway for alley or streets and all utility easelucnth located within the vacated right- of way.
0 Allpy
o Srre1e1 t right-of.way
I have been notified of the petition to vacate the following (alley, eatelnenl,, rlghl-of--way), described as follows
YAz
(include legal description a�n_dgraphk repraen(arjae 01w/at Is behig vacated)
OF 2.5a v.t, lad
UTtLITY.COMPANY COMMENTS.
0 a•r [.or 46
No objections•to the vacation(s) described above.
C No objections to the vacation(s) described above, provided following describedeasements are retained.
(State the location, dimensions, and purpose below.)
61
y- '
flenwry zoos
Pages
67S t227
02/22/2007 THU 13:23 FAX 479 444 3478 COP SOLID WASTE & RECYCL
)2/18/2008'rs:28'FAX 4795824807- JORGENSEN &--ASSOC
10002/002
• .. Q002... .. ..
DATE; i/ t Jjj7
UTILITY COMPANY:
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
u
REQUESTED VACATION (applicant must check alt that apply):
VUtility Easement
Rightrof--way for alley or streets end all utility easements located within the vacated right- of- way.
Alley
O Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-oj-way), described as follows:
/ (Include legal descrlp�lon and graphic represenlallon 0/what it being vacated) EAST !y or ` O.E. ! tN $ifG(�Y14eD d'F' Loy 46
UTILITY COMPANY COMJfENTS. /
No objections to the vacation(s) described above,
O No objections to the vacation(s) described above, provided following deseribed'easements are retained.
(State the location, dimensions, and purpose below,)
Signature
Frbru y 2004
Page S
VAC07-2484
Close Up Wow
Overview
"
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o:
RHOADS
(PROPERTY
xn
0 37.5
75
150
225
300
Feet
0 .. ❑1
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.23.07 4:25 PM
Subject: Ords. 5005, 5007 & 5009
Attachments: 5007 ANX 07-2507 Spencer.pdf;
Spencer.pdf
5009 VAC 07-2484 Rhoads.pdf; 5005 VAC 07-2549
CC: Audit; GIS
Jeremy:
Attached is a copy of the above ordinances passed by City Council, April 17, 2007. Please let me know if there is anything
else needed. Have a good day.
Thanks.
Clarice
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Erin Emis, 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 5009
Was inserted in the Regular Editions:
April 26, 2007
Publication Charge: $94.95
Subscribed and sworn to before me
This, _day of (��, I� 2007.
Notary Publi U , I
My Commission Expires:
Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
ORDINANCE NO.5009 [
MI ORDINANCE APPROVING VAC 07-2484 SUB- rA
le
MITTED BY JORGENSEN AND ASSOCIATES F-0RPROPERTY LOCATED AT 2791 NORTHSHADBROOK COVE TO VACATE 12.5'OF A 25' UTILITY +EASEMENT, A TOTAL OF 1,277 SQUARE FEEL SAS
WHEREAS, he City Council has the authority
under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for car-
porate purposes; and
WHEREAS, the City Council has determined that the following descrlbed portion of the platted util.
ity easements not required for corporate purposes;
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS. 7
Section 1: That the City Council of the City of Fayetteville. Mmnsas h&eby vacates and abandons
the following described utility easart ent:
See Exhibit 9' attached hereto and made apart hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk -along with the map attached
hereto and labeled Exhibit Wshell be hied 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, and shag
not be in effect until all conditions are met herein.
1. Any relocation of existing utilities shall be at the owner/developers expense.
2. The applicant shall provide access to an existing manhole under the existing fence, via methods
approved by the Water and Sewer Division.
PASSED and APPROVED this 17th day of April. 2007.
APPROVED: ATTEST:
By: By:
DAN COODY. Mayor SONDRA SMITH, City CII,tft lawra
Exhibit A is a map and may be viewed in the office of the city clerutreasurer during normal business
hwrs.
EXHIBIT •B'
VAC 07.2484
COMMENCING AT THE SW CORNER OF SAID LOT 48 THENCE N73j*0844E. 92,65 FEET TO THE
P.O.B., THENCE N25°37'53•W 102.18 FEET. THENCE N73°0844'E 12165 FEET,' THENCE!
S25°37530E 102.18 FEET. THENCE S73°0844'W 12.65 FEET TO THEIP.O.B:CONTAINING 1,277.
SF.