HomeMy WebLinkAboutOrdinance 5022 Doc ID : 011309600004 TVDe : REL
Recorded : 06/29/2007 et 03 : 07 : 43 Ph
Fee Amt : $17 . 00 Psae 1 of 4
Msshinoton Countv . AR
Bette Stwos Circuit Clerk
F11e2007-00025133
ORDINANCE NO, 5022
AN ORDINANCE APPROVING VAC 07-2570 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT 4253
NORTH CROSSOVER ROAD, TO VACATE A UTILITY
EASEMENT AND DEDICATE A NEW EASEMENT FOR THE
UTILITIES, A TOTAL OF 1 ,207.56 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 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 `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 . The existing water line shall be relocated to a newly dedicated easement of sufficient width
and length as determined by the City Engineering Department and shall be inspected and
accepted by the City of Fayetteville prior to building permit approval for the building
expansion.
2. Any relocation of existing utilities shall be at the owner/developer' s expense.
Page 2
Ord. No. 5022
,panmrrr
PASSED and APPROVED this 5a' day of June, 2007. & 0 *Sy
G\ O� '
APPROVE . ATTEST: ' cj � '� �
c ; FAYETrEVILLE : "s
q�;.9RKANSP Jam,.
By: By: NGTON
DANY0015Y. ayor SONDRA SMITH, City Clerk/Treasurer "rruuwW`r�
EXHIBIT "A"
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t8 VISTA HEALTH
EASEMENT VACATION
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EXHIBIT "A '
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EXHIBIT "B"
VAC 07-2570
LEGAL DESCRIPTION (TO BE VACATED):
PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF
FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38' 32"E 668 .08
FEET, THENCE NORTH 158.80 FEET TO THE POINT OF BEGINNING; THENCE
NO3007'23"E 28.36 FEET, THENCE S4800792399W 18.90 FEET THENCE N86052 ' 3719W 61 . 19
FEET, THENCE S03°0T23"W 15.00 FEET, THENCE S86052137"E 74.55 FEET TO THE
P.O.B. ; CONTAINING 1207.56 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION (TO BE DEDICATED):
PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF
FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38'32"E 673 .45
FEET, THENCE NORTH 138.68 FEET TO THE POINT OF BEGINNING; THENCE
N61034'22"E 28.67 FEET, THENCE N860529379W 130. 17 FEET, THENCE SOUTH 15.02
FEET, THENCE S86052'379E 104.92 FEET TO THE P.O.B.; CONTAINING 1763 .21
SQUARE FEET MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
06/29/2007 03:07:43 PM
and recorded in Real Estate
File Number 2007-00025133
Bette Stamps - Circu Clerk
by
/- ot DD
City of Fayetteville 61 5P7
Staff Review Form 5Cr3�
City Council Agenda Items V/ I Vf� 07_4,571)j
or
Contracts
5-Jun-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2570: (Vista Health, 138): Submitted by H2 Engineering for property located at 4253 North Crossover. The property
is zoned R-O, Residential Office and contains 9.94 acres. The request is to vacate a utility easement within the subject property
and dedicate a new easement for the utilities.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a Na
Account Number Funds Used to Date Program / Project Cate o Name
n/a n/a n/a
$ -
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
S IT ITI
epartment Dir ctor Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorney L �J J
Received in City Cl rksDlTi
EI�I �IN
Finance and Internal Service Director Date
Received in Mayor's Office
41;zzoI
Mayor Date
Comments:
City Council Meeting of June 5, 2007
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 Planning
Date: May 17, 2007
Subject: Utility Easement Vacation for Vista Health (VAC 07-2570)
RECOMMENDATION
The Planning Commission and staff recommend approval of an ordinance vacating
approximately 1 ,207 sq. ft. of existing utility easement on the subject property and to
then rededicate an easement of sufficient length and width for the relocation of any
existing utility lines that are to be relocated due to the building expansion.
BACKGROUND
The project site is located south of the intersection of Crossover Road and Zion Road.
The existing health facility was approved by the Planning Commission on July 27, 1981 .
The initial development was a 49 bed hospital facility and a 10,889 sq. ft. office building.
In 2001 , the applicant received conditional use permit and large scale development
approval to add a third building to the site to house a 30 bed medical facility and 3,000
square feet of administrative offices.
On March 12, 2007, the Planning Commission approved another conditional use permit
for Vista Health. The conditional use approval allowed for the expansion of the existing
medical/hospital facility (Use Unit 4). The development includes a 26 bedroom
expansion totaling 6,747 sq. ft. A building permit has been submitted for this addition;
however, there is an existing utility easement that is located within the building footprint
of the proposed expansion. Therefore, the utility easement must be vacated and any
existing utility lines relocated to a newly dedicated utility easement prior to approval of
the building permit.
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.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2570 SUBMITTED
BY H2 ENGINEERING FOR PROPERTY LOCATED AT 4253
NORTH CROSSOVER ROAD, TO VACATE A UTILITY
EASEMENT AND DEDICATE A NEW EASEMENT FOR THE
UTILITIES, A TOTAL OF 19207.56 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 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 "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 . The existing water line shall be relocated to a newly dedicated easement of sufficient width
and length as determined by the City Engineering Department and shall be inspected and
accepted by the City of Fayetteville prior to building permit approval for the building
expansion.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
Page 2
Ord.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerkfrreasurer
} I I EXHIBIT "A"
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EXHIBIT "B"
VAC 07-2570
LEGAL DESCRIPTION (TO BE VACATED):
PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF
FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38'32"E 668.08
FEET, THENCE NORTH 158.80 FEET TO THE POINT OF BEGINNING; THENCE
NO3007123"E 28.36 FEET, THENCE S4800712315W 18.90 FEET THENCE N8605293719W 61 . 19
FEET, THENCE S03007'23"W 15.00 FEET, THENCE S86052137"E 74.55 FEET TO THE
P.O.B.; CONTAINING 1207.56 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION (TO BE DEDICATED):
PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF
FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THEi SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL
MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38'32"E 673 .45
FEET, THENCE NORTH 138.68 FEET TO THE POINT OF BEGINNING; THENCE
N61034122"E 28.67 FEET, THENCE N86052937"W 130. 17 FEET, THENCE SOUTH 15.02
FEET, THENCE S86052137"E 104.92 FEET TO THE P.O.B.; CONTAINING 1763 .21
SQUARE FEET MORE OR LESS.
•
17aye evl e PC Meeting of May 14, 2007
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU : Jeremy Pate, Director of Current Planning
DATE: A4ay 990 Updated May 17, 2007
VAC 07-2570: (VISTA HEALTH, 138): Submitted by H2 ENGINEERING, INC. for
property located at 4253 N . CROSSOVER ROAD. The property is zoned R-0,
RESIDENTIAL OFFICE and contains approximately 9.94 acres. The request is to vacate
a utility easement within the subject property and dedicate a new easement for the
utilities.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The project site is located south of the
intersection of Crossover Road and Zion Road. The existing health facility was approved
by the Planning Commission on July 27, 1981 . The initial development was a 49 bed
hospital facility and a 10,889 sq. ft. office building. The main hospital facility has since
been modified to accommodate 66 beds within the same building foot print. In 2001 , the
applicant received conditional use permit and large scale development approval to add a
third building to the site to house a 30 bed medical facility and 3,000 square feet of
administrative offices.
On March 12, 2007, the Planning Commission approved a conditional use permit for
Vista Health. The conditional use approval allowed for the expansion of the existing
medical/hospital facility (Use Unit 4). The development includes a 26 bedroom
expansion totaling 6,747 sq. ft. A building permit has been submitted for this addition;
however, there is an existing utility easement that is located within the building footprint
of the proposed expansion. Therefore, the utility easement must be vacated and any
existing utility lines relocated to a newly dedicated utility easement prior to approval of
the building permit.
Request: The applicant requests vacation of approximately 1 ,207 sq. ft. of existing utility
easement on the subject property and to then rededicated an easement of sufficient length
and width for the relocation of any existing utility lines that are to be relocated due to the
building expansion.
K:%ReWns2007'PC Repws�05-14-07\NAC 07-2570 (Vista nealth).doc
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 any
relocation or damage to existing
facilities shall be at the
owner/developers expense.
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 that the
existing waterline is rerouted and a
new easement dedicated prior to
easement vacation and building
permit approval. Per City
Engineering the water line has been
relocated.
Transportation No Objections
Solid Waste No Objections
Engineering The existing water line has been
relocated; however a new water
easement has not yet been recorded
and shall be required prior to
building permit approval.
Public Comment: No public comment has been received.
Recommendation : Staff recommends forwarding (VAC 07-2570) to the City Council
with a recommendation for approval with the following conditions.
K:\Repons\2D07TC Reports\05-14-07wAC 07-2570 (Vista Hulth).doe
Conditions of Approval:
The existing water line shall be relocated to a newly dedicated easement of sufficient
width and length as determined by the City Engineering Department and shall be
inspected and accepted by the City of Fayetteville prior to building permit approval
for the building expansion.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: 4 Forwarded ❑ Denied ❑ Tabled
Date: May 14, 2007
Motion: Ostner
Second: Myers
Vote: 8-0-0 Approved on consent agend
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
Title
tnr
K:Vteports\200TPC Reports\05-14-0TVAC 07-2570 (Vista Health).doc
H2>
ENGINEERING. INC.
April 16, 2007
City of Fayetteville
Planning Department
113 West Mountain Street
Fayetteville, AR 72701
Re: Vista Health Easement Vacation
Dear Staff,
Please find the attached easement vacation application for Vista Health submitted for your
review. This vacation is in conjunction with a planned expansion of the facility, the site plan for
which was submitted by EGIS Engineering. The current expansion plans require the realignment
of an existing water line and the rededication of a new section of utility easement to
accommodate the line. All utility representatives have provided their review and are in support
of the vacation and rededication. The new easement will be dedicated as part of the easement
plat for the development. Thank you for your assistance in this matter.
Sincerely,
2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax: 479.582.9254
PETITION TO VACATE
PETITION TO VACATE AN EASEMENT LOCATED IN TRACT $ OF HARB-CO PLACE
ADDITION, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planting Commission and
The Fayetteville City Council
We, the undersigned, be rag all the owners of the real estate abutting the easement hetainafter sought to be
abandoned and vaeatS, lying in Tract S of the Hart -CO Place Addition, City of Fayyettevilk. Arkansan, a
municipal cotppratioo, petition to vacate en easement which is described as follows:
Iaael Descrietion (to be vacated):
Pan attract 5 of Harb-Co Place an Addition to the. City of Fayetteville as per pW.00. file in SUfficed
the Circuit Clerk and Ex -.O polo Recorder of Washington County. Manes and being more patticutarty
described as follows: Commencing attle. southwest comer of the notthwent quarter of the southwest
quarter of Section 19, Township 17 North. Range 29 West of the Fifth Principal Meridian, in Washington
County, Arkansas; thence S88°38321 668.08 feat, thence North 158.80 feet to the POINT OF
BECiNNINfi; thetiae NO3°07'23"E 28,36 feet, then S48°07'23"W 18.90foet thence N86°52'.3T"W
61.19 r es, thence 863°07'23"W 15.00. feet, thence S86°52'37't 74.55 feet to the P.O.B.; containing
1207.56 square feet more or less.
Let it be known that the casement which is being petition for vacation does rot abut any adjacent
property. It is contained entirely within the boundary of the pant tract owned by the petitioner and
MatSonly Utilities servicing the petitioner's property. This being the case, the public interest and
wddfare would not be adversely affected by the abandmmeat of the portion of the above described
easenKm.
The petitioner; pray that the City of Fayetteville, Arkansas, abandon and vacate the above described teat
attic, subject. however, to the existing utility easements and sewer easements as required; and that the
above described real estate be used for their respective benefit and purpose as nowapproved by law;
The. petitioners furtherpray that the above described real estate be vested in the. ebutting property owners as
provided by law.
WHERUORF, the undersigned petitioners mW ctfully pray that the governing body of the City of
Fayetteville. Arkansas, abandon and vacate the above described real eshue, subject to said utility and sewer
easements, and that ode to said real estate sought to be abandoned be vested in the abutting property
owners asprtwided by taw, and as to that particular land the; owners be free from the esewuenes of the
public for the use of said alley.
of4/4,,. . 20Q_Z.
signature
APR -10-2007 TUE 12:04 PM
P. 01/01
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04/09/2007i7 i H• •t r :
UTILITY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND UTTLrry RA$RWBNT VACATIONS
DATE: Matrh 31, 2001
UTILITY COMPANY: Cox ConmRmie
REQUESTBO VACATION (*pfibow.ut.weea fiLowyyy):
X Utility Easement
a Ri¢Pc&way for alley or strati tend all utility eaaen —t, Iuc�cdwiUtthecsmiod Ti&,of: way.
O Alloy
O Street right-of-way
I have been notifiod of the petition to varies the followhig (may, easement, rigbt-et.sray). daeatbed as rcalows:
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SEE EXHIBIT "A" (AnACHED)
— bst
Apr. 13. 2007 1:58PM
No. 2516 P. 2
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DALE: March 31, 2007
Ill COMPANY: SWEPCO
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UTILITY APPROVAL FORM
FOR RIGHT-OF•WAY. ALLEY. AND UTILITY EASEMENT VACATIONS
DATE March 31
UTILITY COMPANY: Arkansas Western Gas
REQUESTED VACATION (wits a aschecktataa Pp(y):
X Utility Easement
Cl Right-of-way for alley or streets and all utility eaxments located within the vacated right-of-way.
O Alley
Cl Stied t right-of-way
I have been notified of the petition to vacate the following (alley, easement, rigid -of -way), described as follows:
General location / Address:
4253 North Crossover Road
West side of Highway 265 south of the intersection with Zion Road
Lnal D.Description (vacation):
Part of Tract 5 of Hat -Co Place an Addition to the Cityof Fayetteville as per plat on file in the Office of
the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being more particularly
described as follows: Commencing at the southwest caner of the northwest quarter of the southwest
quarter of Section 19, Township 17 North, Range 29 West of the Fifth Principal Meridian, in Washington
County, Arkansas; thence S88°38'32"E 668.08 feet, thence North 158.80 fat to the POINT OF
BEGINNING; thence N03°07'23"E 28.36 fret, thence S48°07'23"W 18.90 feet thence N86°52'3T' W
61.19 feet, thence S03°07'23"W 15.00 feet, thence S86°52'37"E 74.55 feet to the P.O.B.; containing
1207.56 square fat more or less.
SEE EXHIBIT "A" (ATTACHED)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
Cl No objections to the vacation(s) desaied above, provided following described easements are retained.
(Sale the loation, dimesiors, and pupae below.)
2L -_c, _
Signal° of thility Company Represenau'
��ri.ZE,a1l LE A cs1.r, ,ii p(EAAfl. MA NA(yf[
Title
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at&t
CONCURRENCE TO VACATE
A DEDICATED UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS that Southwestern Belt Telephone LP, a Texas limited
partnership, d.b.a. AT&T Arkansas, hereby concurs in the vacation of the following dedicated
utility easement, to -wit:
Part of Tract 5 of Hart -Co Place, an Addition to the City of Fayetteville, as per plat on file in the
Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being more
particularly described as follows: Commencing at the southwest comer of the northwest quarter of the
southwest quarter of Section 19, Township 17 North, Range 29 West of the Fifth Principal Meridian, in
Washington County, Arkansas, thence S 88°38'32" E 668.08 feet; thence North 158.80 feet to the Point of
Beginning; thence N 0307'23"E 28.36; thence S 48'07'23"W 18.90 feet; thence N 8652'37"W 61.19 feet;
thence S 03°07'23"W 15.00 feet; thence S 8652'37"E 74.55 feet to the Point of Beginning, containing
1207.56 square feet, more or less. ,7
Signed and executed this Lfday of April, 2007.
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the J day of April, 2007, 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 duty swum, declared that he is the Director-Engineering/Constriction for Southwestern
1EA •T�whone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing
as the act and deed of said company of his own free will and for the purposes and
.' ions therein expressed and with due authority.
witness whereof I hereunto set my hand and official seat.
rent prepared by AT&T
dtol, Room 941 Lynta E. Sommerfeldt Palmer
AR 72201 (501-373-5255) Notary Public in ft for Faulkner Co., AR
My commission expires August 10, 2011
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 04/12/2007
UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas
REQUESTED VACATION:
UTILITY EASEMENT
I have been notified of the petition to vacate the following right-of-way.
Described as follows:
Part of Tract 5 of Harb-Co Place, an Addtion to the City of Fayetteville, as per plat on file in the
Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and being more
particularly described as follows: Commencing at the southwest comer of the northwest quarter of the
southwest quarter of Section 19, Township 17 North, Range 29 West of the Fifth Principal Meridian, in
Washington County, Arkansas, thence S 8838'32" E 668.08 feet; thence North 158.80 feet to the Point of
Beginning; thence N 0307'23"E 28.36; thence S 48'07'23"W 18.90 feet; thence N 8652'37"W 61.19
feet; thence S 0307'23"W 15.00 feet; thence S 8652'37"E 74.55 feet to the Point of Beginning,
containing 1207.56 square feet, more or less.
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:
L a E. Sommerfeldt Palm , Mgr: Engr. (ROW)
04/16/2007 NON 17:06 FAI 479 1...4 4730 WATER & SEWER
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UTILITY APPROVAL FORM
FOR RIGHT -OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: March 31, 2007
UTILITY COMPANY: City of Fayetteville Transportation Division
REQUESTED VACATION (.yplkaes must check !IL&41 .ppfy):
X Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way.
❑ Alley
❑ Street rightof-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address:
4253 North Crossover Road
West side of Highway 265 south of the intersection with Zion Road
Legal Description (vacation):
Part of Tract 5 of Herb -Co Place an Addition to the City of Fayetteville as per plat on file in the Office of
the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being more particularly
described as follows: Commencing at the southwest comer of the northwest quarter of the southwest
quarter of Section 19, Township 17 North, Range 29 West of the Fifth Principal Meridian, in Washington
County, Arkansas; thence S88°38'32"E 668.08 feet, thence North 158.80 feet to the POINT OF
BEGINNING; thence N03°07'23"E 28.36 feet, thence S48°07'23"W 18.90 feet thence N86°52'37"W
61.19 feet, thence S03°07'23"W 15.00 feet, thence S86°52'3T'E 74.55 feet to the P.O.B.; containing
1207.56 square feet more or less.
SEE EXHIBIT "A" (ATTACHED)
UTILITY COMPANY COMMENTS:
P` 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, dimensiam, and purpaee below.)
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Ha R1QT'OF-WAY. ALLEY, AND UTILITY EASE JfVAC&1INfS
DATE: Match 31, 2007
UIUM COMPANY: City of Fayaltevik Solid Waste Division
REQUESTED VACATION (ap&nre■nldai aLtappb):
X Utility R..- . at
O Right-of-way fir alley or streets and all utility easements located within the vacated right-of-way.
O Alley
O Sued rigtaof-way
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Legal Description (entire tract):
Tract 5 of Harb-Co Place an Addition to the City of Fayetteville as per plat on file in the
Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas;
Containing 9.94 acres. Less and Except the following property dedicated to the Arkansas
Highway and Transportation Department: Part of Tract 5 of Harb-Co Place, beginning at
the northeast comer of said tract 5, thence S25°07' 10"W 136.26 feet, thence
S27°42'29"W 272.99 feet, thence S32°47'58"W 112.08 feet, thence S27°42'02"W
152.10 feet, thence N87°54'3T'W 5.98 feet, thence N27°45'26"E 593.38 feet, thence
N23°40'38"E 75.60 feet, thence S87°44'33"E 15.48 feet to the POINT OF BEGINNING.
Legal Description (to be vacated):
Part of Tract 5 of Harb-Co Place an Addition to the City of Fayetteville as per plat on file
in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas and being more particularly described as follows: Commencing at the
southwest corner of the northwest quarter of the southwest quarter of Section 19,
Township 17 North, Range 29 West of the Fifth Principal Meridian, in Washington
County, Arkansas; thence S88°38'32"E 668.08 feet, thence North 158.80 feet to the
POINT OF BEGINNING; thence N03°07'23"E 28.36 feet, thence S48°07'23"W 18.90
feet thence N86°52'37"W 61.19 feet, thence S03°07'23"W 15.00 feet, thence
S86°52'37"E 74.55 feet to the P.O.B.; containing 1207.56 square feet more or less.
Legal Description (to be dedicated):
Part of Tract 5 of Harb-Co Place an Addition to the City of Fayetteville as per platen file
in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County,
Arkansas and being more particularly described as follows: Commencing at the
southwest comer of the northwest quarter of the southwest quarter of Section 19,
Township 17 North, Range 29 West of the Fifth Principal Meridian, in Washington
County, Arkansas; thence S88°38'32"E 673.45 feet, thence North 138.68 feet to the
POINT OF BEGINNING; thence N61°34'22"E 28.67 feet, thence N86°52'3T'W 130.17
feet, thence South 15.02 feet, thence S86°52'37"E 104.92 feet to the P.O.B.; containing
1763.21 square feet more or less.
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT-OF-WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 04/16/07
Address / location — 4253 North Crossover Road
Adjacent property address: P.O. Box 13000
Lot: Block: Subdivision:
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way),
described as follows:
(Include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
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:
D
APR 18 2007
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT-OF-WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 04/16/07
Address / location of vacation: flhiAffiM 4253 North Crossover Road
Adjacent property address: 2901 East Zion Road, Fayetteville
Lot: Block: Subdivision:
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right-of-way),
described as follows:
(Include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
❑ I have been notified of the requested vacation and decline to comment.
�do not object to the vacation described above.
❑ I do object to the requested vacation because:
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6.8.07 Clarice Pearman - Ord. 5022 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 6.8.07 9:46 AM
Subject: Ord. 5022
Attachments: 5022 VAC07-2570 Exhibit A.pdf; 5022 VAC 07-2570 Vista Health.pdf
CC: Audit
Jeremy:
Attached is a copy of the above resolution regarding VAC 07-2570 passed by the City Council, June 5, 2007. Let me know if
anything else is needed.
Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman@cifaveuevillear.us
rvCRTHV:FST nA <ANS s EDI HON
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Nathan Bogart, 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
City of Fayetteville: Ordinance No. 5022
Was inserted in the Regular Editions on:
June 13, 2007
Publication Charge: $126.60
Subscribed and sworn to before me
This day of , 2007.
d7t'^ Tun E
Notary Public
My Commission Expires:
**N0TE** Please do not pay from Affidavit.
Invoice will be sent.
RECE=IVED
JUN 2 0 2007
CITY CF FAYEI TEVILLE
CITY CLERK'S OFFICE
kkd:. l3�00�
NNICE APPROVING VAC 07-2610 Sue -
BY H2 ENGINEERING FOR PROPERTY
)AT 4253 NORTH CROSSOVER AD. TO
A UTILITY EASEMENT AND DEDICATE A
CEMENT FOR THE uTILmE3, A TOTAL OF
SQUARE FEEt
Ye l
ARKANSAS
ACA _$ 1454101 b vacate pubic grounds
the Oily Carlos has dsttur rod that the 1oMo inng described pot on o the pulsed util-
ere not required far corporate purpose:
M RaSrA�iv Tin a". om Or TM arty orl
at
the City
Motu'wsnsMKy of Fayettese, Arkansas hereto' vacand abNM ates and
Satea
See ExIslt 'B' esalw I IMal and nadea pAfj ttaial.
Section 2 That a copy of this Ord'nenca dtyoNYed by M Oily CIS long lM tie map eroaolNd
hereto and labeled Exhibit ANall be Sad In the office of the Recorder of the Canty and word.ed m ate Deed Records l aN CouMy.
Section 3: Thai this vacaton approval Y PSI to the Cond sons ci Atprwal as lolbws. and shall
not be in effect until all conditions are met herein.
1. The existing water line shall be reoCated to a newly dedmaled easement Of sufficient width and
length as determined by the City Engineering Department and Shell be nepected and accepted by
the City of Fayetteville prior to building permit approval for the building expansion.
2. My relocation of existing utilities shall be at the owner/developers expense.
PWOO d ArMOym this 5th day of June, 2OD7
ATTEST:
BY:
1011 * sum., as., aMetAwaaren
l the oleo of IM CRY clrkbeesrx during it.
c oi-m
VAC 07-2570
LEGAL DESCRIPTION (TO BE VACATED)
PART OF F TRACT TRACT 5 5 OF FtACO PLACE AN ADDITION T
RAT ON FILE IN THE OFFICEFFiCE OF THE CIRCUIT CLEFT( A
QIDTON'OOUNTY, ARKANSAS AND BONG MORE PART
COMMENCING AT THE SOON 19. TT CORER OF THE Ni
NEST MERIDIAN.
OF SECTION 19, T' CJNT 17 NORTH,
CIPAL MERIDI N, IN WASHINGTON COUNTY, ARKAN&
THENCE NORTH'198.90 FEET TYT THE POINT OF BELYNNI
THENCE S48°0723w 19.90 FEET THENCE N97 S
FEET, THENCE S88'52'3TE 7455 FEET THE P.TO THE P.O8..;
MORE OR LESS.
LEGAL DESCRIPTION (TO BE DEDICATED):
PART OF TRACT 55 OF�HARB-CO PLACE AN AD
DIT
IO
NTT
C 16•TM KBE NO�RER 71LF1'
WEST QUARTER OF SECTION 19, TO= 17 NORTH,
CIPAL DIAN, IN WAS 440TON COL,aw AWCAI4A
THENCE NORTH 138.69 FEET TO THE PONT OF
THENCE NB832'3TW 130.17 FEET, ih@ICE
FEET TO THE PO.B.; CONTAINING 176&27 SQUAaPeI
AS
RECEIVED
JUN 2 i; 2001
CITY CF FAYETTEVILLE
CITY CLERK OFFICE