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HomeMy WebLinkAboutOrdinance 5014 Doc ID : 011158210004 TVDe : REL Recorded : 05/ 17/2007 at 02 : 44 : 59 PM Fee Amt : $17 . 00 Paoe 1 of 4 Washlnoton Countv , AR Bette Stamps Circuit Clerk ' I File 2007-000188121: I ORDINANCE NO. 5014 AN ORDINANCE APPROVING ADM 07-2565, FOR PROPERTY LOCATED AT LOT 5 BLOCK I OF THE NORTH POINT SUBDIVISION, REPEALING AND REPLACING ORDINANCE NO. 4932 TO ALLOW FOR A LESSER EASEMENT VACATION THAN PREVIOUSLY APPROVED AS INDICATED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. 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 repeals Ordinance No. 4932 in its entirety. Section 2 : 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 3 : 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 4 : 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 a 10' separation between the existing water line and the southeastern line of the easement. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this I " day of May, 2007. Page 2 Ord. 5014 APPROVED: ATTEST: -/ By: I By: � �=�✓ � DAN OOD ayor SONDRA SMITH, City Clerk/Treasurer 0&1Y 6; SGp�z : CJ c ; FAYETTEVILLE ; *A, ''•,9�!'y RKANSP�J�, EXHIBIT "A" .-SITE / � x fnsrwcaazuLox ^, / N / Q EASENGNIMMAINIC.NYI / � ' J. � ® SieANlAiLRAVMKIf /� ,I t. +Jj lI O W.iERxETER 'INmTY mAP / / / / ® suarwv4EWERIM„'ns . `•.L``'(% / / `• /`` 0 IELEPIp1E PE0ESTX aur V#M 12ID, —E—E— MERXELO RECIPICVBLE IV t BWiEO nBEwdRC —W—,v— "MOM MR LLE / 0/ / i e ��•� O 1j CHr1ERLNf C4 NM0 - 40 20 0 sN'=a IN FEET ) 1 inch = 40 ft. b W t J n t 1 r ;j LOT 5 I fm 24498.6± SQ. f7: g \ 0.56t ACRES ��. ' / / .p(°f ST28•f91i' 1$B.Ja' I x--_ IN �w law nw SCALE As As Shown DATE REVISED. CHECKED BY: DRAWN BY: lark DATE: 4/4107 -- JSC JSC onsulting Lot 5 North Point Subdivision CIVIL / ENVIRONMENTAL ENGINEERING - 371513LW sDAve, SUN- 202 Fayeltev&. AR72703 (479)/448171 Utility Easement Vacation EXHIBIT `B" Legal Description of Portion of Easement to be Vacated: Commencing at the Southwest corner of Lot Five of North Point Subdivision of Fayetteville, AR Washington County Arkansas, thence S87028' l9"E 41 .52 feet; thence N13°50'32"E 7.65 feet to the Point of Beginning, thence N13050'32"E 45 .98 feet; thence N17°06'07"E 28.69 feet, thence N29040'20"E 74.42 feet, thence N27°34' l7E 40.02 feet, thence S23°43 '03"E 17.78 feet, thence S33048'09"W 33 .69 feet, thence S26008'27"W 103 .93 feet, thence S13°08' 14"W 35 .98 feet, thence N87°28' 19"W 9.25 feet, to the point of beginning, containing .048 acres more or less. INas.Hington :County, AR I certify this instrument was fled on 05/17/2007 02:44:59 PM and IrOcord6d in Rea'I (Estate IFileINum,b X200,7;000118811 IB..00 (Stamps Circuit j I; 11 byr - - - f ti OVA City of Fayetteville ll 07 Staff Review Form 50�� City Council Agenda Items or T � k � � ContractsOCAJU uzt poll(\ 1 -May-07 �4 City Council Meeting Date Jeremy Pater Planning Operations Submitted By Division Department Action Required: ADM 07-2565: (North Point, 248): Submitted by Steve Clark for properly located at Lot 5 Block 1 of the North Point SID. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.56 acres. Approval of an ordinance amending Ordinance No. 4932 (VAC 06-2219), allowing for a smaller area to be vacated than previously approved. 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 NIA N/A $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Dep ment Date Original Contract Date: n/a 1 r 3 a Original Contract Number: n/a City Attorn Received in City CIWksO Q. `� . .V Finance and Internal Service Director Date Received in Mayor's Offi C Mayor Date Comments: City Council Meeting of May 1 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations \\ From: Jeremy C. Pate, Director of Current PlanningdQ Date: April 12, 2007 Subject: Amendment to Easement Vacation for North Point Subdivision (VAC 06-2219) RECOMMENDATION Planning Staff recommends approval of an ordinance amending Ordinance No. . 4932 (VAC 06-2219), allowing for a smaller area to be vacated than previously approved and referred to in Exhibit "A". BACKGROUND The subject property consists of Lot 5 Block 1 of the North Point Subdivision and contains approximately 0.56 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 City Council on October 3, 2006 granted approval for the vacation of the southern 15 ' of the existing 50' utility easement. A specific condition of approval for the ordinance to be effective is that the existing water line be relocated such that a 10' separation is maintained between the relocated water line and the southeastern line of the easement. Due to the expense of relocating the existing water line the applicant has decided to request a lesser vacation of the easement such that the 10' separation between the existing water line and the southeastern line of the easement is maintained without relocating the water line. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING ADM 07-2565, FOR PROPERTY LOCATED AT LOT 5 BLOCK 1 OF THE NORTH POINT SUBDIVISION, REPEALING AND REPLACING ORDINANCE NO. 4932 TO ALLOW FOR A LESSER EASEMENT VACATION THAN PREVIOUSLY APPROVED AS INDICATED ON T14E ATTACHED MAP AND LEGAL DESCRIPTION. 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 repeals Ordinance No. 4932 in its entirety. Section 2: 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 3 : 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 4 : 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. I . The vacation of said portion of the utility easement is subject to maintaining a 10' separation between the existing water line and the southeastern line of the easement. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: EXHIBIT "B" Legal Description of Portion of Easement to be Vacated: Commencing at the Southwest corner of Lot Five of North Point Subdivision of Fayetteville, AR Washington County Arkansas, thence S87°28'19"E 41 .52 feet; thence N1 3050'32"E 7.65 feet to the Point of Beginning , thence N13050'32"E 45.98 feet; thence N17°06'07"E 28.69 feet, thence N29040'20"E 74.42 feet, thence N27"34' 17"E 40.02 feet, thence S23°43'03"E 17.78 feet, thence S33048'09"W 33.69 feet, thence S26°08'27"W 103.93 feet, thence S13°08' 14"W 35.98 feet, thence N87'28' 19)W 9.25 feet, to the point of beginning, containing .048 acres more or less. UTILITY APPROVAL FORM FOR RIGIIT- OB- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: `i — \ _ y UTILITY COMPANY: APPLICANT NAME: APPLICANT PHONE: 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 1 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 (ATTACII legal description and graphic representation of what is being vacated-SURVEI9 UT[L[TY 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: �Jo O {7cwt t 1 Fo te \ucira � l ,_ ol_tiRy�� � �e �n ) ] AC 1t�r S Signature of Utility ompany Representative Wa�� ab� or �ar . Title February 7006 Page 5 \ / \ In /\ \ . § } \ ) ) \ - Z % s) f § � VI IZ - ` ! { / \ ) ) 2IZ 0 \0 ,0 _ © ® } } ) I ILI / \ x / ƒ \ \ { 0 ® - . - ` In } } : % 02 / < j o0 = ) / ) # f \ lo ; / { ORDINANCE NO. 4932 AN ORDINANCE APPROVING VAC 06-2219 SUBMITTED BY TIM PATTERSON FOR PROPERTY LOCATED AT LOT 51 BLOCK I OF THE NORTH POINT SUBDIVISION, VACATING THE SOUTHERN 15' OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, 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 the relocation of the water line, such that 10' separation is maintained between the relocated water line and the southeastern line of the easement. Said relocation shall be completed within one year, or the vacation is rendered null and void. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this 3"' day of October, 2006. APPROVED: By: FAYETTEVILLE ATTEST: %a By: SO DRA SMITH, City Clerk EXHIBIT "A" VAC 06-2219 FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE. OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°2819"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14"E 43.61 FEET; N26°08'27"E 1.03.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; S26°08'27"W 106.64 FEET; S13°08'14"W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28'19"E 15.26 FEET TO THE POINT OF BEGINNING. EXHIBIT "B" VICINITY MAP EASEMENT VACATION` ' • ; / • [LSDEC RMI / i•• x [fi$TNC CMA(EO Y • O CVSEKC u.tWS tM RIIC u01. / Q. • W/1W I ITR I r \ Ilr O UTVFfflr POW / AO• r / • 6• r •/ /'y —[—[— OSMb (I(CTPIC%UNE N. OI / r / \ —C—C— EWtD GS 4N( i / -10—N- O4flED F@(R-CPiK 0i / �]LYi _ \ s —M—W— DINI[O WAl(R OE qF ; a -J xIPWQ a- ROAD f TJ 4 t/a4Y / / l LOT S 24498.63 SQ. FT. 0.561 ACRES {� •O I. r..... a. -.I ry v Lry (smith, \ 'O \ i C° 1\ \ !T \ I 1 I LOA—' - I / I I asrYM / I I I4cat II- W.EVLYMO7ES -\ - UTOtC BIE AT H AL O-DIZ RMYCCRgcriT65[ W OWYMWN AS "\- -OIEW4NH¢L Alrv..T540VN OR liR4RCY MT. EIZFl1ENFVICArptl oECRVVN W EDIDEIOFGSEI IWAS IEI a*40OD en.YMF &RATRV IF 015 FSlEO4 O S3 FW K FfIY NO VITQ14%IOM CEIVG VEST SMWY Mr. Ml EVDEWm TUNCW TIE MT RE. As FtR HE FMm. RAT CF MRTH PVVI6 PML41L\.VO NIYZM VIIN PC EAST In: R W EI'ISn.G IVLIT&PbMSa01 EII 17 ME WASMCUlt3d ETV.. MRIRCIS fIFIY(SW COOT V( I/IEIIY EA1ENTVHCR R A P1Rr FL LOT oPtllR aacs aFFVE Lr flat cn MGE I.. M.E®r® RICA OT RRRM P000 SVBa.AJI ro TIEUIYa fMtTTENLLL'MMC✓3. AS PH1 11E FnY MM OF SO SIMNSl1N. dI POCDREG RAT®.V^MI\PflA SWFI IS RN TIE OWOf FAWTIVW1. MS *1 lit ailaF RE 9M11T ULT('CO a -alto RR OF . caaL5 MASTER SR¢ETflµ. AS OEIIOOEDFq]It OATH MSCIIFD DI W WSOfl0 COIMY. LS CNCAS AT PAT lit WOK II. PKf I.. v(O FLETEVILEGL& WE,T5. 1fLE✓ ,ta. (V CREED AS rIX(O93aM1/ENCWI: AT AY TRIGNOI AT NE NJUlnkYafLLS(A OF S& LD FR£fl vEl6 lie 48ELTPUIFRTY MD All. II OAIaV FOAFt'ONLYERTWSMF 701Wa i3 l.WEnNE Inn run Al O rIE 5M11 LP40F 30.0'/14 a1TOA YOM el DC EAST tea aF MI ElE NC Unity P.S5t3OO Tat vE THE iron yESOIGR.r Porn CC an.f;vOACs (rAWC. M.SM\RICOSAD LOT!tt (5) 9OEaRMOL.:O ALaC TE FAST IM OF SVO F /SANS NEm EAEIEIIT M FaLOVJ.G 9DEWBI COTTRRg151DlSRRIMIa 6FIf-S.SL)OdTAVSI: MTAIFE 1351 FLET.1OSg', WEJTEET: IE.SR&ZT6'p5: F0 •n3 E¢L FSI TO A FOTFT ON TiC ICROipAS rEfl.Y UVEa SAO ter FVL (5[ boa LE VNG THE EAST LDC Of SDE\EING VMS' Ilmp - - lF Oiskzw My ifl EASa01r.Ia. DC IMIEAS'TFAV Lv5 Of SA LOT citE I.tid..t the IM 4 d td—Sem- I<e6-aW I'm FTmA' 4T 61 DC Ro.Cao FAG/ LIE. O se, IO:4_e SIV d.m YYed®Elstr-d Umfv E\Y/9ENEr: tie CE I EAVFFI DIP MriIEASTFRLY LAE OF SAC -Y SCdelm d ale Yab nth LOT TE 01 MCO R1[ 19'S CAST L C O 5'O NUTY FAAACVF lnaaCddd iFn It p.'Myaa 7I f SOA&COA IGS Mn Om'Mas raww ssn lrt: sra!7fl'J '5664 FU T g SPM Sfl St SSMIIt4yt I1Eri5FOLOTTIYLI5)TIEML 5F MLR213Mr}TTOTPId W Kf. N S+ovw OlIaec..alp !a e a%S the - by idiEl9Tflmenem.OR`AdNecW r vudPClb. ? .aaoEOWNER' uaxRDEnTInTMPORF,uc INSIa emn'DOES'ort VRT1W EMc-.WF16(II.4 nOCuxN//m SEAS PROPER VV ADDRESS: ..CATDaYl -€R OO') AS OEmiIo FTmI1 iLE'ID1 fl. MTA-M POGIT agar WNARfO d TE FAWTItIUE MMA.ssAS C'S. vnslr. - FAYCTEVRLE N(MNAS O1. AIECON 0&11404 NRM TIC FftUL PUT OF IFJ'iMPLV 4T SLW 1flt aR FIE W ANEPETLOS OF TIC WAS GTD CQMY MiWSS an.I aERtSG' ,r FLAT ac gpAnr T. o' _ .0 co I. If I 1 I I • -I 1 Iu II ' a)' I _ -I 1 � I1 I = eia a Steve Fowler DRAW art CT PA2LltPn a e.mt HP O6/IE/Od N F. tlm t SS #t. ..ellern . AR rn3e /vvRa VtO urs (en) t6r,S1OG SGL6 HEIST PZ0/FO No, T• - A I.11 OOO.S VAC06-2219 Close Up View NORTH POINT SID SUBJECT PROPERTY Overview I 8000Q" y — L9000 vela D'¢tdc[ — ROODWAY -- 500 YEAR — 106 YEAR —' LIMIT OF STUDY - Baseline Profile O Fayetteville Outside City e-<«' VAC06.2219 vector.GDB.Footpdnt_2D04 = Hillsidalfdtlap Overlay District 0 37.5 75 150 225 300 Feet VAC06-2219 NORTH POINT SID One Mile View LffTh- 4LJ\r1T 1 _ v kid r u, y .RA yyylll-- 1 1 1 IYA D I F Q... -,, I �Ii j VA5 p SFf ,11. I. J 0 'RA, 2 R�! aP _O_.. —L ! 1 I ♦♦♦♦ I R1 ATp 3159 u' '_-.tz ° A SUBJECT PROPERTY 4... .. c w. • .-\mg' bR-A J - RSF.1 � ^ : - _ L v_ES .1 a{ 1 _ . ` \ Z I I DI � _I 1 / F Z� q -_._1— I / 4 ADE-"'Ic OiIME4DE 'i% ( ="FI I �. I `IsTEv1 -2l, I MY?ML I—"!-:-i _..I RAi-24 P1 C-2 F1 Overview Legend Boundary _--I - I Subject Property a� Planning Area I-----, U VAC06-2219 80000, Oveday District m000$ I Outside City Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 Mies (5/712007) Lisa Branson - Ords. 5O10, 5013, and 5014 Page 1 From: Lisa Branson To: Pate, Jeremy Date: 5/7/2007 10:17 AM Subject: Ords. 5010, 5013, and 5014 Attachments: Ord 5014 ADM 07-2565 North Point.pdf; Ord 5013 VAC 07-2522 Johnson.pdf; Ord 5010 RZN 07-2504 Sloan Cobblestone.pdf CC: Audit; GIS Jeremy, Attached are copies of the above ordinances passed by City Council, May 1, 2007. If anything else is needed just let me know. Have a great day! Thanks, Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 lbranson(a ci.fayetteville.ar.us t 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 the O. Ed4 itions: Was inserted in the Regular Editions: May 11, 2007 Publication Charge: $100.23 (^ Subscribed and sworn to before me This14)''day of Y 2007. Notary Public cL a Gvc �����✓l G My Commission Expires: �S _ aD13 Do not pay from Affidavit, an invoice will be sent Official Seal SEAN -MICHAEL ARGO Notary Public -Arkansas WASHINGTON COUNTY My Commission Expires 07-25-2013 RFl pENED MAY 16 2007 CITT CITY LEEK' O S O OFFICE UHUIBANUE MU. 6014 ORDINANCE APPROVING LOT ADM CK 1 FOR I le )PERTY LOCATED AT LOT 5'REP A 1 OF THE 1 R POINT DINAN E NO. 4932 TO G AND LACING ORDINANCE NO. VACATION TITAN PRE- qft Kp NSAS USLY APPROVED AS INDICATED ON THE SCHFD MAP AND LEGAL DESCRIPTION. the City Council has the authority under A.C.A. § 14-54.104 to vacate public groL erect which are not required for corporate purposes: and - - the City Council has determined that the following described portion of the platted 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 repeals Ordinance No. 4932 in its entirety. P Section 2: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit 9" attached hereto and made a part hereof.. Section 3: That a copy of this Ordinance duty certified by the City Clerk along with the map attached hereto and labeled Exhibit shall be filed. In the office of the Recorder of the County and record- ed in the Deed Records of the County. Section 4: 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 a 10' separation between the existing water line and the southeastern line of the easement. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this 1st day of May 2007. - APPROVED: ATTEST: By: By. DAN GOODY, Mayor SONDRA SMITH ° City CI4rk/Treaeurer Exhibit A is map and may be viewed In the Office of the City Clerk/Treasurer during normal business tours. F EXHIBIT'S" Legal Description of Portion of Easement to be Vacated: Commencing at the Southwest corner of Lot Five of North Point Subdivision of Fayetteville,. AR Washington County Arkansas, thence S87°2819'E 41.52 fee:; thence Ni 3°5032"E 7.65 feet to the Point of Beginning, thence N13°5032'E 45.98 feet; thence N17°0607E 28.69 feet. thence 429°40'20E 74.42 feet, thence N27°34'17"E 40.02 feet, thence S23°4303'E 17.78 feet, thence 833°48'09'W 33.69 feet, thence S26°08'27"W 103.93 feet. thence 51308'14W 35.98 feet, thence 487°28'19W 9.25 feet, to the point of beginning, contalnirlg .048 acres mare or less. RFCr%WEO MAY 16 200CTV 7 QIN CLERX OFFICE