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HomeMy WebLinkAboutOrdinance 5027 1 IVI�I IIINI III IIIN IIIN IIIN IIIII IIIN IIIII IINI IINI INN I�ISI NN ISI Doc ID : 011348220003 TVDe : REL Recorded : 07/12/2007 at 11 : 16 : 36 AM Fee Amt : $14 . 00 Pace 1 of 3 Washlnoton Countv , AR Bette Stamos Circuit Clerk File 2007-00026717 ORDINANCE NO. 5027 AN ORDINANCE APPROVING VAC 07-2568 SUBMITTED BY CRAFTON, TULL, SPARKS AND ASSOCIATES FOR PROPERTY LOCATED AT 1267 NORTH STEAMBOAT DRIVE TO VACATE UTILITY EASEMENTS ACROSS THE SUBJECT PROPERTY AS THE UTILITIES HAVE BEEN RELOCATED TO ALLOW DEVELOPMENT ON THE SITE. 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, less and except utility easements dedicated by easement plat recorded as Document No. 023A-00000282 in Washington County, Arkansas: 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. 00`1%1111%TRrrf, k% 6X • S PASSED and APPROVED this 19th day of June, 2007. ; FAYETTEVILLE • APPROVED: ATTEST: = �• :� 's 5 G,ON„G,`�,. By: BY: (2AAALV D COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" Nil CMER _ ntW A — ' PAR 2 n I :101-511f am Md. 'r 16 tl11 IV F.W. I E/L 14 PD X' R:::DLN-CaC7D2.2_`I Ir— W UTI TY :AL > � I r � W. 17 K. '7 � I +x 11IS U]DLN.'JI) MiN 'r 19 1 N � � w LMY ewT. ^ %-H4lGE9 ARF71 IS Fyr_nLY-de Yn'7 1FE FASOM 10 BE VAIDAIM 'as shown on Plat 17-77 I TRACT A � I 6,46 ACRES +�— m 17 2r MUT. I PLAT 2311111220 T _ .... . 10l I W-31 VAuMM F.. •1 p:. ]D O x-Lg E511r. MAIM :413M.5v+ I mi.Jnm,F� r[ , 13 UtlTY Mi IY 71•VUILIY254L I w IR ?C :L_. I +` TRACT B I I i I PUT as-r10 I — I ]i.5' 4rurr SRT. T I Na�-MAUIU Y mr TPRI F x, auualN RFrrNL nsar- : 100 50 0 10U [ =LIS 7 3 -IFJYIC L :J! Ji 5 "'r '" JIA THIS IS NOT A PLAT L5NST68 N IS x � L MdlW' r a ; L7 'X 'b16t8' N 4A I IR M x-1 ' F usne' i Cr•�ffc�. TUI. Sa:Ara 'R Fs¢cciuta:, Inc- - 'V I N. U�6 �� . ;L��Jl�Y.uL•i . N! J'L!5 { A.'Y:YMIj1! lAY.Np11 d:$S ur x 71e�r TMI mrx.C .l I: 1�C_Gi�:.C4ii . , x.1�IFL nFI T: v,p F, Rk:IIR V1.". I�NJIx +uI:T�II ':ra+u ul!:Dlxal :xa!D Lulax Archltn . - s, En _. ' rccrs Sur : ovor ; r :R � n 'naY_Ys:aao- inns ms n ; ra;•as IrLm AID CrL :10FI, lull, SrrSrke 8 Asso:_icsICS. nc_ . ; mac EXHIBIT `B" VAC 07-2568 A PART OF TRACT A, AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 23-220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF S02044'00"W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S87016'29"E 46.65 FEET; THENCE S42°16'29"E 80.02 FEET; THENCE S68°23' 18"E 38.37 FEET; THENCE S87° 16'29"E 286. 15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201 .00 FEET AND A CHORD OF S19046'45 "W 20.92 FEET; THENCE LEAVING SAID WEST LINE N87016'29"W 280.02 FEET; THENCE S54° 16'28"E 68.55 FEET; THENCE S35°43'32"W 20.00 FEET; THENCE N54016'28 "W 80.98 FEET; THENCE N87016'29"W 70.39 FEET; THENCE NO2043'31 "E 20.00 FEET; THENCE S87° 16'29"E 42.39 FEET; THENCE N63°04'41 "W 95. 15 FEET; THENCE N87° 16'29"W 3.42 FEET TO THE WEST LINE OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF NO2044'00"E 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 14198.0 SQUARE FEET OR 0.33 ACRES, MORE OR LESS. 01C'1. City of Fayetteville 5rd c>17 Staff Review Form City Council Agenda Items or Contracts 19-Jun-07 1p City Council Meeting Date Jeremy Pates Planning Operations Submitted By Division Department Action Required: VAC 07-2568 : (Mathias Shopping Centers, Inc., 401 ): Submitted by Crafton, Tull, Sparks and Associates for property located at 1267 North Steamboat Drive. The property is zoned C-2, Thoroughfare Commercial and contains approximately 6.45 acres. The request is to vacate existing utility easements across the subject property as all utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. N/A N/A N/A Cost of this request Category/Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A $ F - I Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department Dir ctor Date Original Contract Date: n/a U Original Contract Number: n/a City Attorney Received in i 's ffice TCkLA � 6 K - 67 Dth Finance and Internal Service Director Date Received in Mayor's Office EN G Mayor Date Comments: City Council Meeting of June 19, 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: June 1 , 2007 Subject: Utility Easement Vacation for Mathias Shopping Centers, Inc. (VAC 07-2568) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance vacating existing utility easements on the subject property to allow for development of the property as approved in LSD 06-2168. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. BACKGROUND The subject property is located at Lot 3RA of the Wedington Place Addition Phase II. The subject property consisted of Lots 3RA and 3RB, containing approximately 5.92 and 1 .25 acres respectively. A property line adjustment was approved on April 24, 2006, resulting in the Lots 3RA and 3RB containing approximately 6.45 and .73 acres respectively. A large scale development was approved by the Subdivision Committee on August 31 , 2006 for the 6.45 acre tract. The development will contain two separate retail buildings totaling 55,434 sq. ft. with 259 parking spaces. The development will complete a cross- access drive, connecting Steamboat Drive to Colorado Drive, allowing area residents to access multiple commercial sites, while avoiding the highly trafficked Wedington Drive. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the proposed building footprint. Although, there are no existing utility lines within the subject easement, the easement must be vacated prior to building permit approval. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. DISCUSSION The Planning Commission voted 6-0-0 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 07-2568 SUBMITTED BY CRAFTON, TULL, SPARKS AND ASSOCIATES FOR PROPERTY LOCATED AT 1267 NORTH STEAMBOAT DRIVE TO VACATE UTILITY EASEMENTS ACROSS THE SUBJECT PROPERTY AS THE UTILITIES HAVE BEEN RELOCATED TO ALLOW DEVELOPMENT ON THE SITE. 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, less and except utility easements dedicated by easement plat recorded as Document No. 023A-00000282 in Washington County, Arkansas: 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. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" M CORNER TRACT A — 20 UiN11Y ESYT. -_ P.Q& Bic 16 P4 36 —� 7 EI + nM mry m' aeon M. 116 PW ENT.,30 a NECAM- 00607@� I ` e2V UMTY ew.. /) II ITO BIL 17 PC. 77$�' (1 /— —�• PERTNI1S DODII10 / 7 n 78415 1 W Oran mfr. ' 3 HATCHED AREA IS r I FEC.67u- 0000 4z THE EASEE71T To I BE YACATEA* +A'fl.s stioi..>n on �Iot' 1 '1 - 77 I I TRACT A 6.45 ACRES +/— 20 UMN Ma I PLAT 23-220 BK n P& n C J I � I 25 URSA AM K i 0 rSPACE AREA BIC 8 PG 30 0 m � 1a ualn ES BK it 16 PQ �,<1 �-- ACCESS ESOT. I 1MC:07JA-OOBOOQ82 15 A4 ESNL I RECBP3A-BOBOD7B2� C4 t I 7478' OW1Y MIT. j C. Billy ESNT. 05 �AEG62U-00600782 s' WL 16 Ps 30 TRACT B i jPLAT 23-220 27.5 O101n EM. m REc:03A-66666742 LONE TABLE UNW46400r r10 DISTANCE100 50 08' E 14 100 3'te E 34� 1 W 24ar THIS IS NOT A PLAT • w 70.39'• E 7040'> E 12.8'8 w 31Y 4400• E 40.00' Crafton, Tug, Sparks & Associates Inc. r p 901 N.47F'SRee1, Suite 210. Ro . AR 72756 m -+ 479.636.1636 FA%: 479.631.6274 CURVE TABLE www.wftontubpakrcom i WWo MR6ER IDELTA AN17E iRAg15 ARC IEN67N TANfA1T p10R0 OIRECININ CNOIp rER001N Architects. Engineers 8. Surveyors F CI 0357'88• 201.00 20.9) 10.47 S 19'46'6' M 2492 © 2007 ® Crafton, Tull, Sparks & Associates, Inc. EXHIBIT "B" VAC 07-2568 A PART OF TRACT A. AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 23-220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF S02044'00"W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S87016'29"E 46.65 FEET; THENCE S42016'29"E 80.02 FEET; THENCE S68°231811E 38.37 FEET; THENCE S87016'29"E 286. 15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201 .00 FEET AND A CHORD OF S19046'45"W 20.92 FEET; THENCE LEAVING SAID WEST LINE N87016'29"W 280.02 FEET; THENCE S54016'28"E 68.55 FEET; THENCE S35°43'32"W 20.00 FEET; THENCE N54016'28"W 80.98 FEET; THENCE N87016'29"W 70.39 FEET; THENCE NO2043131 "E 20.00 FEET; THENCE S87016'29"E 42.39 FEET; THENCE N63°04'41 "W 95. 15 FEET; THENCE N87016'29"W 3.42 FEET TO THE WEST LINE OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF NO2044100"E 40.00 FEET TO THE POINT OF BEGINNING , CONTAINING 14198.0 SQUARE FEET OR 0.33 ACRES, MORE OR LESS. 0 �( ye 1 �Ve PC Meeting of May 29, 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: May : ',ter Updated June I, 2007 VAC 07-2568: (MATHIAS SHOPPING CENTERS, INC., 401): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at 1267 N. STEAMBOAT DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.45 acres. The request is to vacate a utility easement across the subject property as the utilities have been moved to allow development on the site. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at Lot 3RA of the Wedington Place Addition Phase II. The subject property consisted of Lots 3RA and 3RB, containing approximately 5.92 and 1 .25 acres respectively. A property line adjustment was approved on April 24, 2006, resulting in the Lots 3RA and 3RB containing approximately 6.45 and .73 acres respectively. A large scale development was approved by the Subdivision Committee on August 31 , 2006 for the 6.45 acre tract. The development will contain two separate retail buildings totaling 55,434 sq. ft. with 259 parking spaces. The development will complete a cross- access drive, connecting Steamboat Drive to Colorado Drive, allowing area residents to access multiple commercial sites, while avoiding the highly trafficked Wedington Drive. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the proposed building footprint. Although, there are no existing utility lines within the subject easement, the easement must be vacated prior to building permit approval. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. Request: The applicant requests vacation of approximately 14, 198 sq. ft. of existing utility easement on the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. KAReportst200TFC Reports\05-29-07%VAC 07-2568 (Mathias Shopping Centers)dm UTILITIES RESPONSE Ozarks Electric No objections. 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. Transportation No Objections Solid Waste No Objections Engineering No objections. Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding (VAC 07-2568) 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 hatched area to be vacated (BK. 17 PG. 77) shall be less and except those easements dedicated by easement plat in association with LSD 06-2168. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: May 29, 200 Motion: Graves Second: Lack Vote: 6-0-0 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:\Reports\2007\PC Reports\05-29-nVAC 07-2568 (Mathias Shopping Centm).doc Crofton , lull , Sparks & Associares , Inc . �OA) architects , engineers , landscape architects , interior designers & surveyors ® Public nohs 11 pwh &Iweahm April 5, 2007 m tw ■ commmml L'] Pamm"Offan ■ hudustdal Planning Commission WOO e City of Fayetteville sphhual 125 W. Mountain Street `d"° w • Fayetteville, AR 72701 heahh Dear Planning Commission: This letter shall accompany the Easement Vacation Submittal and application for vacating a utility easement located on Tract A of Wedington Place Addition, Phase II in o Fayetteville, AR. This Easement Vacation includes the vacating a 20' utility easement which extends from east to west across Tract A of Wedington Place Addition, Phase II. The reason for the request to vacate this easement is that the Large Scale Approved by m Planning Commission for this same site incorporates a commercial retail building which is located in die existing easement. The easement was originally dedicated to provide water and sewer access across the property. However, with the LSD that was approved c a by planning, which is now in construction, water and sewer access as well as other utility 3 access are provided by different means. The vacation of this easement shall not prevent any surrounding property from having access to any utility service. Please reference LSD 06-2168 — Wedington Place Commcrcial, for more information regarding the Large Scale o Development. o 0 _ a 0 m Sincerely, O _ cra c Jond an Ely, Civil Engineer Crafton Tull & Associates, Inc. — U Q. A O � T O 7 m G V _ t7 c _ rn i - m r W m yG C X L G _ lT _ N N lL L www . craftantolisparks . com 05-18-07;09:49AM; ;479 927 1171 # 2/ 2 ua,s:,zuu/ [flu 14:41 ran 9la - 0CYC 1.147 of ray, nnuaneursnr. Ijuu2/uuz PETLUON PETITION TO VACATE AN EASEMENT LOCATED IN TRACT A OF WEDINGTON PLACE SUBDIVISION, PRASE N, CI'T'Y 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 Tract A of Wedington Place Subdivision, Phase II. City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: DESCRIPTION: EASEMENT TO BE VACATED A PART OF TRACT A. AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASI-aNG1.ON COUNTY, ARKANSAS AT PLAT RECORD 23.220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23.220: THENCE ALONG THE WEST LINE THEREOF SW44t0'W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S8T16'29"E 46.65 FEET; THENCE S42'16'29"E 80.02 FEET: THENCE Seeh3'1tt'E 38.37 FEET; THENCE S5r16'29"E 286,15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.931 1 ALONG A CURVE TO THE L. EFT, SAID CURVE HAVING A RADIUS OF 201.00 FEET AND A CHORD OF 319046046'W 20.92 FEET; THENCE LEAVING SAID WEST UNE N87'I6'29W 280.02 FEET; THENCE S541870t 68.55 FEET; THENCE S3S43'32W 20.00 FEET; THENCE N5416'28'W 80.98 FEET: THENCE N9r16'2M 70.39 FEET; THENCE N0T43'31"E 20.00 FEET; THENCE S$7 16291 42.39 FEET; THENCE N6304'41 W 95.15 FEET: THENCE N8r16'29W 3.42 FEET TO THE WEST LINE OF TRACT A AS SHOWN ON PMT RECORD 23.220; THENCE ALONG THE WEST LINE THEREOF NOr44'00"E 40.00 Fti TO THE POINT OF BEGINNING, CONTAINING 14198.0 SQUARE FEET OR 0.33 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the easement are (roc block subdivision of each aajoining lot to the area requested Co be vacate4) 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, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The 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 Faycttevil lc, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated thist'd-ay of /t'1 4 . 20 0!7 �'T� PrinSNiunc 49 Signature Printed Name Signature Febnary2006 Pose 4 EXHIBIT "A" P.O.B. BK 16 PG 30-\1 ! 7 LI 20' DRAINAGE ESNT. \ r 20' UTWTY ESNT. I BK 16 PG. 30 �// REC.:023A-00000282 20 UTUtt ESNT. /) Bk. 17 PG. 77 _ J (M BE VACATED / f}fyp PER TM DOCUMENT) 15' UTUIV FSYT. REC.:023A-00000282 I I I I I 10' UTUtt ESNT. 8K. 16 PG. 30 I~ 30' ACCESS ESLIT. 1 REC.: 023A-00000282 oo �j 15 N 8716'29 W 288.07 I ."' HATCHED AREA I$ I THE EASEMENT TO BE VACATED. TRACT A I 6.45 ACRES +/- 20' UTutt ESUT. PLAT 23-220 BK.17 PG.77 T ►ce —fI o 2S UTW ESNT. I A GREEN SPAA CE AREA 8K 16 PC. JO _ ACCESS ENT. D23A_00000282 III I 15' 28.76' UTUtt ESNL I : UTWtt ESNT. �.:023A 00000282 BK. 16 PG. 30PG 70 TRACT B I I I I PUT 23-220 27.5' UIUTY ESYT. RIG.: 023A-00000282 I - � J LINE TABLE NUNBER BEARING DISTANCE L1 S 8716'29' E 46.65' L2 S 6823'18' E 3837' 13 S 35'43'32 W 2000' L4 N 6716'29 W 7037 L5 N 0743'3f E 20.00' 1.6 S 8716'29' E 42.39' L7 N 8716'29' W 3.47 LB N 074400' E 4000' LNII; SViT:TI7 NUMBER DELTA ANGLE RADAIS ARC LENGTH TANGENT CHCRO DIRECTION CHORD LDIGTH Cl 055758' 201.00 20.93 10.47 S 19"46'45' W 20.92 100 50 0 100 THIS IS NOT A PLAT Waco Title Company �p , y 125 Parkwood, Suite A ,rj�TITLE � LBox 1910 Lowell, AR 72745 (479) 770-6700 (479) 770-6702 SPECIAL CERTIFICATE File #: 0703149-951 For the use and benefit of: CRAFTON & TULL-KERRI PINGEL STATE OF ARKANSAS COUNTY OF Washington) We the undersigned, being an employee of Waco Title Company, do hereby certify that we have made due and diligent search of the Records in the Assessors Office within and for Washington County, Arkansas, and find the adjacent owners and addresses as shown in Exhibit A. IN -SO -FAR as the same affects the following described property, to -wit: DESCRIPTION: EASEMENT TO BE VACATED A PART OF TRACT A, AS RECORDED IN CIRCUIT CLERK'S OFFICE FOR WASHINGTON COUNTY, ARKANSAS, AT PLAT RECORDS 23-220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF S 02 DEGREES 44 MINUTES 00 SECONDS W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S 87 DEGREES 16 MINUTES 29 SECONDS E 46.65 FEET; THENCE S 42 DEGREES 16 MINUTES 29 SECONDS E 80.02 FEET; THENCE S 68 DEGREES 23 MINUTES 18 SECONDS E 38.37 FEET; THENCE S 87 DEGREES 16 MINUTES 29 SECONDS E 286.15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201.00 FEET AND A CHORD OF S 19 DEGREES 46 MINUTES 45 SECONDS W 20.92 FEET; THENCE LEAVING SAID WEST LINE N 87 DEGREES 16 MINUTES 29 SECONDS W 280.02 FEET; THENCE S 54 DEGREES 16 MINUTES 28 SECONDS E 68.55 FEET; THENCE S 35 DEGREES 43 MINUTES 32 SECONDS W 20.00 FEET; THENCE N 54 DEGREES 16 MINUTES 28 SECONDS W 80.98 FEET; THENCE N 87 DEGREES 16 MINUTES 29 SECONDS W 70.39 FEET; THENCE N 02 DEGREES 43 MINUTES 31 SECONDS E 20.00 FEET; THENCE S 87 DEGREES 16 MINUTES 29 SECONDS E 42.39 FEET; THENCE N 63 DEGREES 04 MINUTES 41 SECONDS W 95.15 FEET; THENCE N 87 DEGREES 16 MINUTES 29 SECONDS W 3.42 FEET TO THE WEST LINE OF TRACT A AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF N 02 DEGREES 44 MINUTES 00 SECONDS E 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 14198.0 SQUARE FEET OR .33 ACRES, MORE OR LESS. UTILITY APPROVAL FORM 1OYBICKF- OF- WAY, AU SY. AND ItTItdTY EASEMENT VACATIONS DATE: March 13, 2007 ITTII.171f COMP -- APPLICANT NAh4E Idadtiae 9henMag Cattan, Inc. APPLICANT PHONE: 479-750A100 REQUESTED VACATION(eppNeafsat thick !@tYYat4sbl: X Utility Euemeat N/A Rightot-way for alley or moats and all udEly cascmcots located within dw vacated right. of- way. N/A Alley N/A Street tight.of-way I have bean notified otthe petition to vacate the following (aUey, eu.Men& rlglu-oi4wgq dascrlbed as follows: General lontla / Addrose (referring to fached document- most be completed") 1267 N. Steamboat Drive. — See attached EuemteutPhtt for mare details !lraeueSal ela mmatplaatrdlga/dwwV*R W dS Vtc erobeteuesed. UTTLITY COMPANY COMMENTS: No objections to the vacadon(s) do crihed about. • No objcodoes to the varadon(s) dosacdrod above, provided following deecdbed cuemtmts are retained. (State the lacatiac, dtmemsloa . and ptupose below.) • No objecdaas provided the following cuuditioas tae met: slgosaao of Utility Company 12 antadve SvsieP S77ikiP5 iec!( Tide UMLnY APPROVAL FORM F0RRIGET- OF- WAY, ALLEY, AND t1Tp,ITy &ASEl1INT VACATIONS DAIS: Match 13, 2007 UTILITY COMP U APPLICANT NAME vita i • oppgi ,Center) c. APPLICANT PRONE 4121&i! REQUESTED VACATION (sppDemu ntaW &ka k a4dtm apply): — x Utility Basement N/A Rightof way for dley or streets and an utility easemetm located within the vacasel right- of- way. N/A Ailey WA Stteetright-of'way I have been notified of the petition to vacate the following (alley, easemesU right -sway), described as follows: Geaaal location / Address (referAog to attached document- must be completed) 1267 N. Steamboat Drive. — Sec attached Easaaeot Plat lbr more deceits rlasse see aareeked masetaarptar and lehW date4Aos for Edits of eaeaxal t s be smeared. UTRM COMPANY COMMENTS: C" No objocdoos to the vaaedoa(s) desetibod above. • No objeedons to the vacadan(s) desalted above, provided following described eaaotneots ate temiocd (state the location, dimensions, and purpose below.) • No objection provided the following conditions am not Signature of Utiity Company Represontative SvNtti/ Tide UMMYAPPROVAL FORM FOR BIGHT- OF- WAY, ALLEY, AND UTIId1YEAsnn=vACAu o $ DA78 Mardi 13.2007 UThXIY COIviPA2)fV$ 1` Y APPLICANTNAMB: MalhiasShopping Cemers Inc APPLICANT PHONE: 479-750-9]00 REQUESTED VACA71ON (gptkwuawn ckaek4dres apply): — X Utility Pavement MA Right-of-way for alley or streets and all utility easements located within the vacated right- of: way. N/A Alley - N/A Street right-of-way I have been nodded of the petition to vacate the following (alley, ememens, right -*way). described as follows: General locatloa / Address (referring to attached documept- must be completed••) 1267 N. Steamboat Drive. — See attached Easement Plat for more details Please sa aecked aaarar/plat cud lgtl daatpdarfor /ddisof eaonauas be vast UTILITY COMPANY COMMENTS: 0 No objeodom to the vacations) described above. • No objections to the vacation(s) desaibed above, provided following described easements an retained (State the location, dimensions, and purpose below,) • No objections provided the following cooditioos are met ) tae o Ut C pony Representative Tit1Lr UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: March 13, 2007 UTILITY COMPANY �{g. APPLICANT NAME: Mathias Shopping Centers Inc APPLICANT PHONE: 479-750-9100 REQUESTED VACATION (applicant mast check all that apply): X Utility Easement N/A Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. N/A Alley — N/A Street right-of-way [ 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**) 1267 N. Steamboat Drive. — See attached Easement Plat for more details I I-/ l I / 1 l l ml d p i / / I / // UTILITY COMPANY COM ( No object to osni�the vacation(s) described ab • 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: 501 .373 29 01.16.13 03-28-2007 4/4 UTILITY APP9OVAL FORM FOR RIGHT-OF-WAY, ALLEY AND NTILITY EASEMENT VACATIONS DATE: 03727/2007 UTILITY COMPANY REQUESTED VACATION: UTILITY EASEMENT I have been notified of the petition to vacate the following right-o{-wy Described as follows: A part of Tract A as recorded in Circuit Clerks o4* for Washington County, Arkansas at at record 23-22, being more partoMny desofbed as follows: Commencing from the NW comer of Tract A as shown on plat record 23.220; thence song the W We thereof S02degrees44'00' W 79.87 feet b the point of beginnng: thence lea" said W line S87'162T E 46.65 teat thence 34Y16'29E 80.02 feet theme $68'23'lr E 38.37 bet, thence S87.16'29' E 286.15 feel b the west tine d an exiting utiity easement as shown on plat book 16 st page 30; thence along said W tine 20.93 bet along a cove b the let said an having a radius of 20100 bet and a chord of 519'46'45• W20 92 feet thenoa leaving said west line N87.18'29' W 200.02 feet thence S54.16R8• €6855 feet thence S350 43,3? W 20.00 bet thence N54.1628iN 8098 toot thence N87°16'29' W 70.39 feet thence NO2°43 31• E 20.00 bet thence S87.15'29' E 42.39 bet; thence N63° 04'41' W 95.15 feet thence N87.16'29• W 3,12 bet b the W ine of trap A as shown on plat record 23220; thence along 8w W IN thereof NOY4400' E 40.00 bet b the print of beginning. containing 14198.0 square bet or 0.33 aces, more orless. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitu,le a release of easement The $fjcAed Concwrence must be recorded at the Wsshfngton County s ourNwThO in order lbr (Ms release to be complete and legal Signature of AT&T Company Representative LP Lynda E. Sommerfeldl Palmer, Mgr-Ergr. (ROW) e d b6LL 5 Lb98b ON/LS:bI 1S/BS:bI t0.8L•E (Q3M) wouHl 04/17/2007 TUE 16:20 FAX 479 684 4730 WATER & SEWER YI ,v "'• t '1'u 1 YI t ?., I? • Y DAIR Apd15,O07 1iF - n I• „.:. ".emu: : •,ill • il' Li igi Out REQUEMM VACATION (/ppdamvmail tha* lidagW; x URGyEasmmlt ~ NIL RIBId-0E-wayio7alloy wstreSa ad all rtiSy eaeemeam bmldwkbb the vae9mdrigL4 oway. NA AUay MA Rita rWWi F -way I kavebc=nod&d&Fdrpe idoo to nfl the ielbwiog vaemp dexrbed flllon bj • No objection to the vecadoa(s) deamYd above, provided 6lbwiog deembed easemeah me 7emined. (Stem Wa locator dim .an., adpapoae below.) • No objecdoas(mvidd Ike Folbwaig coodidms memeG Er + ' Jan 04/13/2007 11:47 FAI 4704443490 COP TRANSPORTATION DIVIS I002 Lii WI mtsXttI Sa FOR ILIGUT- OF- WAY, ALLEY, AND V17LTTY XASEMENY VACATIONS DATE: April 5.2007 UTILITY COMPANY: City ofPayeOen}le Transportation (Strmta) APPLICANI'NAME; MathiasShoopintCenten Inc APPLICANTPSONS: 479-750.9100 REQUESTED VACATION (eypOrd rntufeAedr aRfiafeppy) X Utility Easement NIA Rig t.f--way for alley or streets and all utility ememeets located within the vacated right- of way. N/A Alley — N/A Streotright-of-way I hove been notified of the petirion m van the following emooteot, described m follows: General location I Address (sefening to attached doowneot- mttsbe completed*) 1267 N. StaamboatDrive.—See otached Easemeotplatfor mart details Please see aw wAmweumtyme andkgd don4dkn fr ddaU, of ensmsed to he vacated ,kTga7^t c:oa4P.u+Y COMMENTS: • o objections in the vaotion(s) deacn3ed above_ • No objections to the nation(a) dmmbed above, provided following described oosemcor, are retained. (State the loatiuo, di.mosioow and purpose below.) • No objections pruvidedthe &Rowing conditions are mm Signature ofUdlltyRepecmtta'ye( 1 J amrnaa+wf Jan Gambill - Utili Approval Form soli' stpdf UTILITY APPROVAL FORM FOR EIGHT- OF- WAYS ALLEY, AND UTHd1Y EASEMENT VACATIONS DATE April 5, 2007 UTII.1TYC i&PANY City ofFayctevi0a Solo Wmte (Sanitation) APPLICANTNAML Mathim Showing Cmteta Inc APPLICANT PHONE 479.7509100 REQUESTED VACATION (apFEewfameatcheck thafgpfF}. .. R UIfdy Easement MA Rtgboaf--way for alley m streets and all utility vmmems located within the vacated r)ght-of- way. MA Alley WA stmt rigMof-way I have been notified of the petition to va ate the following earm ant, described m follmvs Geaesalbade. (AM. (refiring to attached don meta- must be completed') 1267 N. Steamboat Drive. — See attached P..Plat forum details PhomrsesasraabdwQaralpAY wdlgSd o*dmfwdrfm6 ofeaamaml ne be vacmad e r as i in �,�� �. YI\ ji1.'p In .Y.,I \ ]. 1;.1 • Noobjeetiom provided the fllowingcoed itions at met Signature of UtilitCopm�tpa�jllgveaeo a tAj(1G Title 7.2.07 Clarice Pearman - Ord. 5026, 5027, 5028 & 5029 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 7.2.07 4:25 PM Subject: Ord. 5026, 5027, 5028 & 5029 Attachments: 5029 Amend Ch 151-161 & 163.pdf; 5027 VAC 07-2568.pdf; 5028 Amend 161-163 & 166.pdf; 5026 R-PZD 07-2531.pdf CC: Audit; GIS Jeremy: Attached are the above ordinances passed by Council, June 19, 2007. Please let me know if there is anything else needed. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 coearmanCdci.favettevi lle. ar. us NORTHWEST ARKANSAS EDITION • 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. 5027 Was inserted in the Regular Editions on: July 5, 2007 Publication Charge: $110.78 Subscribed and sworn to before me This day of , 2007. Notary Public k/af -scWs'- My Commission Expires: 9? . - a&l3 **N0TE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED N JUL 06200; c&cOF FAYMEVILLE Thursday, July 5, 20.07 011O111A110B MO. 901? AN ORDINANCE APPROVING VAC 07-2588 SUB-, MITTED BV CFVFTOH, TlA1, SPARKS AND ASSO- CIATES FOR PROPEFRY LOCATED AT 7287 NORTH4 STEAMBOAT- DRIVE TO VACATE UTILITY EASE- MENTS ACROSS THE SUBJECT PROPERTY A$ ARKANSAS THE UTILITIES HAVE BEEN RELOCATED TO ALLOW DEVELOPMENT ON THE SITE naat the City CWnd has the a. odty uth! A.C.A. S 14464-104 to vacate piMAc Wounds or patlms88-28-2 which am not NWhed is co MS purPcwe:Nnd flAts aleOay CameO has OstenTlsq tt?lSowing deaciibed portion of a. plated dNF by esserrienn m notrecO ad tm wpaMI N0% TIC, if pup"w OIIYec�Q' cV TM CITY COWa. OF M CITY OF SecSon I: That iM Cftyd C y al of e. Coy d w Ea c apt tmHty seasonsas Ydedicated by eeaemna vacates and abandons the recorded edeDw nttIt. 023- teas rdd pIM as DOcunsnl Nb. 023Ai100002B21n Worthington County, Arkansas: Sea DmtbB'B' on cWad tS and mach a pot hanot Section n That a d ExNblt shall fiS d ,siUr is - d dxthe eRecorderr of the Cotay record - Click abng with the rrip attached lrratoand libeled ExnibK'A' MW W /ed 0 i. ad In 8n Dead Records d ihs Cwfll. Section 3: That 84s vacation appb:7lk nmeattili COAAtl}ns of Approval ea 10110x8, and 811811, notbe in elsct vl0 dl coaditlana aN Mmftfskm 1. Any relocation Cl Siting u1CUN shall$ a ire arYOsSaltP 5 expense. MU m ant AFF11av c4s/99FTIa7pl B�7.�" - AFVROVED:' O�IIM OOOO'I, now CMYIMadIaM EX19BR W lea map ant nag be .L flww I OWMO oOiyOrMRS lam darl1QiimW neuron 'YO7H�19 A FORT OF TRACT A. AS RECORDED QLi11f8,OF1RfE+ FOR WA MT wry• AWANSAS Al PLAT RE - O8lt19BED JA$HM4OWS M.EN: C0004G FROM THE OE A, �1C8E4 OPMTflCO 27-220: THENCE ALONG Ili "Iff BDtf4U W 7907 E.EET 10 11€ PpNT BEGINNING; THENCE tEW5AtaT a Mr16'9IE 4fl6 rt17-THENCE 312' 80.02 FEET. THENCE Se$!O1BE ,ISnS11IeCE esr16'29'E 21315 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS S 4OWN ON PLAT BOOK 18 AT PACE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT. SAID CURVE HAVING A RADIUS OF 201.00 FEET AND A CHORD OF S1P4845W 20.92 FEET THENCE LEAVING SAID WEST UNE N8r1629V 280.02 FEET; THENCE S54*16'2B'E 68.55 FEET; THENCE S3S43'32W 20.00 FEET THENCE N54'1828W Si FEEL THENCE NBr16'29W 70.39 FEET; THENCE N02043310E 20.00 FEET, THENCE SBr1 fl 4239 FEET: THENCE N63'0441W 96.15 FEET, THENCE N8r18'29W 3.42 FEET TO THE WEST LRE OF TRACT A. AS SHOWN ON PLAT RECORD 23.220; ll€tCE flW NQ2!44E iaoo FEET 10 11-F POINT OF BE.AINNING, CONTAININGuINn14198.0 WEST LINEFEET 33 ACRES, MORE OR LESS. RECEIVED JUL 0 d 2001 CITY CF FAYETI'EYILLE CITY CLER.'CS OFFICE