HomeMy WebLinkAboutOrdinance 5051 Doc
Recorded : OS/27%200�OatT13e : REL AM
Fee Amt : $25 . 00 Pace 1 of 3
vashlncton Countv . AR
{ Bette Stamos Circuit Clerk
F11e2007-00032800
ORDINANCE NO. 5051
AN ORDINANCE APPROVING VAC 07-2639 SUBMITTED
BY BILL BOSS FOR PROPERTY LOCATED AT 5608
RELIANCE TO VACATE A PORTION OF A UTILITY
EASEMENT ON 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 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 . Relocation of any existing utilities shall be at the owner/developer' s expense.
R�9°
PASSED and APPROVED this 7a' day of August, 2007. \�G °��S Y O,c
: V . A
APPROVED: ATTEST: = ; FAYETTEVILLE;
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:vsr9t' RI( .'
By: By:
DAN CO DY, Mayor S NDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "o'•
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EXHIBIT "B"
VAC 07-2639
A PART OF LOT NUMBERED ONE HUNDRED FORTY-FIVE (145), HERITAGE
VILLAGE SUBDIVISION, PHASE 11 , TO THE CITY OF FAYETTEVILLE, ARKANSAS,
AS PER PLAT OF SAID SUBDIVISION 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
NORTHEAST CORNER OF SAID LOT ONE HUNDRED FORTY-FIVE (145), SAID POINT
BEING AN EXISTING CONCRETE MONUMENT; THENCE S02° 15 '52"W 81 .92 FEET
ALONG THE EAST LINE OF SAID LOT TO A POINT; THENCE N87°44'08"W 14.74 FEET
TO THE TRUE POINT OF BEGINNING; THENCE S02°47'45"W 17.00 FEET; THENCE
N88003' 52"W 5 . 11 FEET TO A POINT ON THE WEST BOUNDARY OF A TWENTY (20)
FOOT WIDE UTILITY EASEMENT; THENCE NO2° 15 ' 52"E 17.00 FEET ALONG THE
WEST LINE OF SAID EASEMENT TO A POINT; THENCE S88°03 ' 52"E 5 .26 FEET TO
THE POINT OF BEGINNING, CONTAINING 88.2 SQUARE FEET; MORE OR LESS.
! ! ry
vel
City of Fayetteville 1O0 /07
Staff Review Form
City Council Agenda Items
or
Contracts
7-Aug-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2639: (Four Seasons SunroomsBoss, 397): Submitted by Bill Boss for property located at 5608 Reliance. The
request is to vacate a portion of a utility easement within the subject property.
$0.00 n/an/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 1 Project Category Name
n/a n/a n/a
Fs F
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
l Previous Ordinance or Resolution # n/a
Department ofirec r Date Original Contract Date: n/a
n Original Contract Number: n/a
d ' 2J- 0 �
Ci Attorney
Received in City lerWs O e
EN WJ
Finance and Internal Service Director Date - -- - -
Received in Mayor's Office
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Mayor ate
Comments:
l __
City Council Meeting of August 07, 2007
Agenda Item Number
CITY COUNCILAGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations �Q
From: Jeremy C. Pate, Director of Current Planning
Date: July 12, 2007
Subject: Easement Vacation for Four Seasons Sunrooms (VAC 07-2639)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a utility
easement located at 5608 Reliance Street.
BACKGROUND
The subject property is located at 5608 Reliance Street and is zoned RT- 12. The property
was platted as part of Heritage Village Subdivision with a 20' general utility easement
along the rear (east) property line.
r
The applicant requests vacating a portion of the 20' utility easement to allow for an
expansion to the east side of the residence.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on consent at the regular Planning Commission meeting on July 9, 2007.
The Planning Commission voted 8-0-0 to recommend this vacation request to the City
Council .
BUDGETIMPACT
None.
l
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2639 SUBMITTED
BY BILL BOSS FOR PROPERTY LOCATED AT 5608
RELIANCE TO VACATE A PORTION OF A UTILITY
EASEMENT ON 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 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 . Relocation of any existing utilities shall be at the owner/developer' s expense.
2. A variance must be obtained by the Fayetteville Board of Adjustment to allow for the
approximately five-foot encroachment into the rear building setback.
PASSED and APPROVED this day of 2007.
APPROVED : ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT '•o••
AREA 70 OE VACS
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EXHIBIT `B"
VAC 07-2639
A PART OF LOT NUMBERED ONE HUNDRED FORTY-FIVE ( 145), HERITAGE
VILLAGE SUBDIVISION, PHASE .112 TO THE CITY OF FAYETTEVILLE, ARKANSAS,
AS PER PLAT OF SAID SUBDIVISION ON FILE IN TH EOFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE
NORTHEAST CORNER OF SAID LOT ONE HUNDRED FORTY-FIVE (145), SAID POINT
BEING AN EXISTING CONCRETE MONUMENT; THENCE S02° 15 '52"W 81 .92 FEET
ALONG THE EAST LINE OF SAID LOT TO A POINT; THENCE N87044'08"W 14.74 FEET
TO THE TRUE POINT OF BEGINNING; THENCE S02°47'45"W 17.00 FEET; THENCE
N88003 '5219W 5. 11 FEET TO A POINT ON THE WEST BOUNDARY OF A TWENTY (20)
FOOT WIDE UTILITY EASEMENT; THENCE NO2015752"E 17.00 FEET 'ALONG THE
WEST LINE OF SAID EASEMENT TO A POINT; THENCE S88°03 '52"E 5.26 FEET TO
THE POINT OF BEGINNING, CONTAINING 88.2 SQUARE FEET, MORE OR LESS.
7ae4 � ev I fle
AAS PC Meeting of July 9, 2007
RKANS
4
7Y THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: J t ' , ,? Updated July 17, 2007
VAC 07-2639: VACATION (FOUR SEASONS SUNROOMSBOSS, 397): Submitted
by BILL BOSS/ FOUR SEASONS SUNROOMS for property located at 5608
RELIANCE. The property is zoned RT- I2, RESIDENTIAL TWO & "THREE FAMILY
and contains approximately 0.87 acres. The request is to vacate a portion of a utility.
easement on the subject property.
Property Owner: Jamie and Jennifer Beaver .
Planner: Andrew Garner
Findings: Staff finds that vacating the requested portion of easement would not
adversely affect access to the utilities serving the property or any other adjacent property.
Background/Property: The subject property is located at 5608 Reliance Street, which is
identified as Lot 145 of the Heritage Village Subdivision. There is a 20' general utility
easement along the rear (east) property line. The applicant would like to construct a
sunroom on the back of their house. The sunroom would encroach approximately .five
feet into the easement and rear building setback. Utility representatives have no
objections to the requested vacation.
Request: The request is to vacate 88.2 square feet of the existing utility easement.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
Cox Communications No Objections.
AEP/SWEPCO No Objections.
SBC Southwestern Bell/AT&T No Objections.
Arkansas Western Gas No Objections.
K.\Reports\2007TC Repons\07-09-07\V.4C 07-2639 (Four Scisons Sunrooms - Boss).DOC
- CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections.
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Recommendation : Staff recommends approval of the proposed utility easement
vacation 06-2639 with the following condition:
1 . Relocation of any existing utilities shall be at the owner/developer's expense.
2. A variance must be obtained by the Fayetteville Board of Adjustment to allow
for the approximately five-foot encroachment into the rear building setback.
PLANNING COMMISSION ACTION: yes Required
X Forwarded to City Council recommendation for approval Denied
Motion : Graves
Second: Ostner
Vote: 8-0-0
Date: July 9, 2007
Comments: Approved on the consent agenda.
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
CITY COUNCIL ACTION : yes Required
Approved Denied
Date: August 7, 2007
K:\Repoits\2007TC Rq)ons\07-09-07wAC 07-2639 (Four Seasons Sunmoms - Boss).DOC
PETITION TO PARTIALLY VACATE AN EASEMENT
PETITION TO PARTIALLY VACATE AN EASEMENT LOCATED IN Lot 145 of
Heritage 'Village Subdivision, City of Fayetteville, Arkansas
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being the owners of the real estate abutting the easement
hereinafter seek to partially vacate an easement lying in Lot 145 of Heritage
Village Subdivision, City of Fayetteville, Arkansas, a municipal corporation,
petition to partially vacate an easement which is described as follows:
A part of lot numbered one hundred forty-five (145), Heritage Village
Subdivision, Phase II, to the City of Fayetteville, Arkansas., as per plat of
said Subdivision 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 Northeast corner of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence S02015'52"W 81 .92 feet along the East line of said lot to a point;
Thence N87°44'08"W 14. 74 feet to the true point of beginning; Thence
S02047'45"W 17.00 feet; Thence N88°03'52"W 5.11 feet to a point on the
West Boundary of a Twenty. 20 foot wide utility ease
( ) y menta Thence
NO2015'52"E 17. 00 feet along the West line of said easement to a point;
Thence S88°03'52'E 5. 26 feet to the point of beginning containing 88. 2
square feet, more or less.
That the abutting real estate affected by said abandonment of the easement are
Lot 145 , Heritage Village Subdivision , City of Fayetteville used by the public for a
period of 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 e described real estate and that the above-described real estate be
used for their respective benefits 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 sough 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 easement of the public for the use of
said easement.
Dated this olbqA day of onj 2007
Jano Beaver
Signature
Jennifer-Joe B aver
Signature
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR A PARTIAL EASEMENT VACATION
REQUEST
Date: April 23, 2007
Address / Location of vacation: 5608 Reliance
Adjacent property address: Stephen Heim; 5632 W. Reliance Street, Fayetteville, AR 72704
Lot: 144 Subdivision: 06063 Heritage Village, Phase I[
REQUESTED VACATION:
I have been notified .of the petition for a partial easement vacation described as follows:
A part of lot numbered one hundred forty-five (145), Heritage Village Subdivision, Phase
II, to the City of Fayetteville, Arkansas, as per plat of said Subdivision 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 Northeast corner of said Lot
one hundred forty-five (145), said point being an existing concrete monument; Thence
S02°15'52"W 81.92 feet along the East line of said lot to a point; Thence N87°44'08"W
14.74 feet to the true point of beginning; Thence S02°47'45"W 17.00 feet; Thence
N88°0352"W 5.11 feet to a point on the West Boundary of a Twenty (20) foot wide utility
easement; Thence N02°15'52"E 17.00 feet along the West line of said easement to a
point; Thence S88°0352'E 5.26 feet to the point of beginning containing 88-2 square feet,
more or less.
ADJACENT PROPERTY OWNERS COMMENTS:
• I have been notified of the requested partial vacation and decline to comment
�do not object to the partial vacation described above.
• I do object to the requested vacation because:
Name of Property Ownei(jrinte )
Signature o o neeN
APR -24-2007 TUE 04:52 Ah1 P. 02
Apr 23 2007 7:33PM rl:-.:k:Sunrooms L More 1479; 29591 p.6
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE:
April 23, 2007
UTILITY COMPANY: dreg McGee, Ozarks Electric, 684-4634
APPLICANT NAME: Jamie & Jennifer -Joe Beaver
479-200-0478
APPLICANT PHONE:
REQUEST IS FOR A PARTIAL VACATION OF A UTILITY BASEMENT
I have bean notified of the petition to partially vacate an easement described ae follows:
A part of lot numbered one hundred forty-five (145), Heritage Village
Subdivision, Phase Ii, to the City of Fayetteville, Arkansas, as per plat of
said Subdivision on file in the office of the Circuit Clerk and Ex-Officlo
Recorder of Washington County, Arkansas, and being more particularly
described as follows: commencing at.the Northeast corner of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence S02°15'52'W 81.82 feet along the East One of said lot to a point;
Thence N87°44'08"W 14.74 feet to the true point of beginning; Thence
S02°47'45°W 17.00 feet; Thence N88°03'52W 5.11 feet to a point on the
West Boundary of a Twenty (20) foot wide utility easement; Thence
NO2°15'52°E 17.00 feet along the West line of said easement to a point;
Thence 588.03'52'E 5.26 feet to the point of beginning containing 88.2
square feet, more or leas.
UTILITY COMPANY COMMENTS:
• No objections to the vacation described above.
• No objections to the vacation described above, provided following described
easements are retained. (State the location, dimensions, and purpose below.)
/tdZf" 6/ec-t-r.c
Signature of tility Company Representative
1.ear sfak,A�
Title
04/25/2007 :14:03. 479872017x. .�- COX CONSTRUCTION
959]
PAGE 02/02
p.6
UTILITY APPROVAL FORM.
FOR RIGHT-OF-WAY,.ALLEY, AND UTILITY EASEMENT VACFl.TIONS
DATE: April 23, 2007
UTILITY COMPANY: Mike Mooro, Cox Communications, 717-3765
APPLICANT NAME:.Jamie &Jennifer -Ice Beaver
479-200-0478 APPLICANT PHONE:
REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT.
I hove been notified of the petition to partially vacate an'casement described as follows:
• A part of lot numbered one hundred forty-five (145). Heritage viiiage Subdivision, Phase 11, to the City of Fayetteville, Arkansas, as per.plat of
said Subdivision on file In the office of the Circuit Clerk and Ex -Officio
Recorder of Washington County, Arkansas, and being more pstrticularly
described as follows: commencing at the Northeast corner of s aid Lot one
• hundred forty-five (145), said point being an existing concrete rionument;
Thenca So2°15'52"W. 81.92 feet along the East line of said 101 to a point;
Thence N87044'08"W 14.74 feet to the true point of beginning; Thence
S02'4T45'W 17.00 feet; Thence N88°0352"W 5.11 feet to a point on the
• West Boundary of a Twenty (20) foot wide utility easement; Thence
NO2"15'52 E 17.00 feet along the West line of said easement to a point; Thence S88°03'52'F 5.26 feet to the point of beginning containing 88.2
square feet, more or less.
UTILITY COME f1NZGGMM&NTS.
f--
• No objections to the vacation described above.
No objections to the vacation described above t
oHowing d
easements are retained,. (State the location di ens o saand deficlo
purpose below.)
5O1-vet„r.
Title
HPrApr.25. 2007' 4.I6PM oz-;rk Sunrooms & More 14"-361s5No.2686 P. I p.s
UTILITY APPROVAL FORM
FOR RIGHT-O]F-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE:
April 23, 2007
UTILITY
COMPANY:
Kenny
Sullivan, ABP/SWEPCO, 973.2303
APPLICANT NAME: Jamic & Jennifer -Joe Beavor
479-200-0478
APPLICANT PHONE:
REQUEST IS FOR A PARTIAL VACATION OF A LMLITY EASEMENT
I have been notified of the petition to partially vacate an easement described as follows:
A part of lot numbered one hundred forty-five (145), Heritage -Village
Subdivision; Phase 11,to the City of.Fayetteville, Arkansas, as per plat of
said Subdivision on file in the office of the Circuit Clerk and Ex- fficio
Recorder of Washington County, -Arkansas, and being more particularly
described as follows: commencing at the Northeast comer of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence S02015'52"W 81.92 feet along the East line of said lot to a point;
Thence N87°44'08"W 14.74 feet to the true point of beginning; Thence
S02°4745W 17.00 feet; Thence N88°03'52°W 5.11 feet to a point on the
West Boundary of a Twenty (20) foot. wide utility easement; Thence
NO2°15'52"E 17.00 feet along the West line of said easement to a point
Thence 588°03'52'E 5.26 feet to the point of beginning containing 88.2
square feet, more or less.
UTILITY COMPANY COMMENTS:
• No objections to the vacation described above.
No objections to the vacation deacnbed above, provided following described
easements are (retained. (State the location, dimensions, and purpose below.)
5'- 8-O7; 4:39PM;Awo .DIsoe Lc f1 Fay, qq
:.4795828258 .q 2i 3}
Arkansas V1estern Gas
Company
A subsidiary of Southwestern Energy Company
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY;
ALLEY, AND UTILITY. EASEMENT VACATIONS
DATE: Tuesday,May 08 2007
UTILITY COMPANY: Arkansas Western Gas Company
APPLICANT NAME: Jamie and Jennifer -Joe Beaver
REQUESTED VACATION:
Street
Q 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 partially vacate the following Utility Easement
(Please see list above)
Description described as follows:
A part of lot numbered one hundred forty-five (145). Heritage Village
Subdivision, Phase II, to the. City of Fayetteville, Arkansas, as per plat of
said. Subdivision 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 Northeast corner of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence SO2'15'52"W 81.92 feet along the East line of said lot to a point;
Thence N87"44'O8"W 14.74 feet to the true point of beginning; Thence
SO2°47'45"W 17.00 feet; Thence N68`O3'52"W 5.11 feet to a point on the
West Boundary of a Twenty (20) toot wide utility easement; Thence
NO2"15'52E 17.00 feet along the West line of said easement to a point;
Thence S88°03'52'E 5.26 feet to the point of beginning containing 88-2
square feet, more or less.
UTILITY COMPANY COMMENTS:
0 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.
Fayetteville Assistant Operating Manager
Signature of Utility Comp Representative Title
Copy
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY; ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 05/18/07
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:
A part of lot numbered one hundred forty-five (1�a7, Heritage Village Subdivision, Phase.11, to the City of Fayetteville,
Arkansas, as per plat of said subdivision on file in the office of the trait Clerk and Ex-0ftido Recorder of Washington
County. Arkansas, and being more particularly described as follows: Commencing at the Northeast comer of said Lot
ie hundred forty-five (145), said point being an existing concrete monument Thence S02°15'52'W 81.92 feet along
East fine of said lot to a point; Thence N87°41'08"W 14.74 feet to the true point of beginning; Thence S02°4P45 W
80 feel; Thence N88°0352'W 5.11 feel to a point on the West Boundary of a Twenty (20 toot wide uhilly easement; -hence N02°1552'E17.00 feet along the West fine of said easement to a point Thence S88°0352'E 5.26 feet to the
c-int of beginning containing 88.2 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:
£ d IbZZSZb986"ON/6ZL1 1S/O£' l L Ln. IZ '5 (Nov) - WOaA
at&t
May 18, 2007
Lynda Palmer nisi
forverfnyn[arn ROIV) 111, We5l C.pilol
Iti^'-„-W,y3JUa(jje 'Um q.)om nJl
tilde Rod, d8 12201
coF.,Y
r 501 JI]52;5
F: 501.373n229
lynda pabner-- )Acorn
Jamie and Jennifer -Joe Beaver
5608 Reliance St.
Fayetteville, AR 72704
Dear Mr. and Mrs_ Beaver:
RE: Easement release - Heritage Village S/D-Fayetteville
• Please find enclosed AT&T's concurrence in your request to the above
mentioned easement vacation.
This concurrence must be recorded at the Washington County Courthouse in the
office of the circuit clerk to be complete and legal. I would appreciate you
returning a copy of the document to meat the above address for my files.
If you have any questions or comments, please call me at 501-373-5255.
Sincerely.
per --
attachments
I d I'ZZ SZ6986 Ott/61=I I ' LS/0£' II LO. IZ ' S (NOW) Kous
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 the following dedicated
utility easement, to -wit:,
A part of lot numbered one hundred forty-five (145), Heritage Village Subdivision, Phase it, to
the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the
Circuit Clerk and Fit -Officio Recorder of Washington County, Arkansas, and being more
particularly described as follows: Commencing at the Northeast corner of said Lot one hundred
forty-five (145), said point being an existing concrete monument; Thence S02°15'52"W 81.92
feet along the East line of said lot to a point; Thence N87°44'08"W 14.74 feet to the true point
of beginning; Thence 502°47'45"W 17.00 feet; Thence N88°03'52"W 5.11 feet to a point on the
West Boundary of a Twenty (20 foot.wice utility easement; Thence NO2°1552"E17.00 feet along
the West line of said easement to a point; Thence S88°0352"E 5.26 feet to the point of
beginning containing 88.2 square feet, Wore or less.
Signed and executed this 1�< day of May, 2007.
fy:
an Davis
Director-Engineering/Construction
STATE OF ARKANSAS CORPORATE ACKNOWLEDGMENT
COUNTY OF PULASKI .
On this the _ day of May, 2007, before me, the undersigned authority, duty commissioned and
qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis,
who, after being duly sworn, -declared that he is the Director-Engineering/Construction for Southwestern
Hell Telephone LP, a Texas limited partnership, d.b.a- AT&T Arkansas, and that he executed the foregoing
t�yyment as the act and deed of said company of his own free will and for the purposes and
stGB A ons therein expressed and with due authority.
�V't•1.fA
tiOTARY
uauG ,
whereof I hereunto set my hand and official seat.
na yarument prepared by AT&T
ILI)w Capitol, Room 941
Little Rock, AR 72201 f501-373-5255)
Lyn E- Sommerfeidt Palmer
Notary Public in & for Fautkner Co., AR
My commission expires August 10, 2011
Z d IbZZSZ698V ON/6Z' IL 1S/0£'ll LO.IZ G (NOrn - VNO8d
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY; AND UTILITY EASEMENT VACATIONS
DATE: April 23, 2007
UTILITY COMPANY: Fayetteville Transportation Administrator, 444-3491
APPLICANT NAME: Jamie &Jennifer -Joe Beaver APPLICANT PHONE: 479-200-0478
REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT
I have been.notified of the petition to partially vacate an easement described as follows:
Apart of.lot numbered one hundred forty-five (145), Heritage Village
Subdivision, Phase II, to the City of Fayetteville, Arkansas, as per plat of
said Subdivision 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 Northeast corner of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence S02°15'52"W 81.92 feet along the East line of said lot to a point;
Thence N87°44'08"W 14.74•feet to the true point of beginning; Thence
S02°47'45"W 17.00 feet; Thence N88°03'52"W 5.11 feet to a point on the
West Boundary of a Twenty (20) foot wide utility easement; Thence
NO2°15'52"E 17.00 feet along the West line of said easement to a point;
Thence S88°03'52'E 5.26 feet to the point of beginning containing 88.2
square feet, more or less.
UTILITY COMPANY COMMENTS: '
( �tjlo objections to the vacation described above.
• No objections to the vacation described above, provided following described
easements are retained. (State the location, dimensions, and purpose below.)
Signatu of Utility Company epresentative
//Lrf/u ,aOt1&7 ioyi
Title
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: April 23, 2007
UTILITY COMPANY: Fayetteville Water & Sewer Administrator, 575-8387
APPLICANT NAME: Jamie & Jennifer -Joe Beaver APPLICANT PHONE: 479-200-0478
REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT
I have been notified of the petition to partially vacate an easement described as follows:
A part of lot numbered one hundred forty-five (145), Heritage Village
Subdivision, Phase II, to the City of Fayetteville, Arkansas, as per plat of
said Subdivision 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 Northeast corner of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence 802° 15'52"W 81.92 feet along the East line of said lot' to a point;
Thence N87°44'08"W 14.74 feet to the true point of beginning; Thence
S02°47'45"W 17.00 feet; Thence N88°03'52" W 5.11 feet to a point on the
West Boundary of a Twenty (20) foot wide utility easement; Thence
NO2°15'52"E 17.00 feet along the West line of said easement to a point;
Thence S88°03'52'E 5.26 feet to the point of beginning containing 88.2
square feet, more or less.
UTILITY COMPANY COMMENTS:
U No objections to the vacation described above.
• No objections to the vacation described above, provided following described
easements are retained. (State the location, dimensions, and purpose below.)
Signature of Utility Company Representative
Title —�--
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY; ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: April 23, 2007
UTILITY COMPANY: Fayetteville Solid Waste Administrator, 444-3499
APPLICANT NAME: Jamie & Jennifer -Joe Beaver APPLICANT PHONE: 479-200-0478
REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT
I have been notified of the petition to partially vacate an easement described as follows:
A part of lot numbered one hundred forty-five (145), Heritage Village
Subdivision, Phase II, to the City of Fayetteville, Arkansas, as per plat of
said Subdivision 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 Northeast corner of said Lot one
hundred forty-five (145), said point being an existing concrete monument;
Thence S02°15'52"W 81.92 feet along the East line of said lot to a point;
Thence N87°4408"W 14.74 feet to the true point of beginning; Thence
S02°47'45"W 17.00 feet;. Thence N88°03'52°W 5.11 feet to a point on the
West Boundary of a Twenty (20) foot wide utility easement; Thence
NO2°15'52"E 17.00 feet along the West line of said easement to a point;
Thence S88°03'52'E 5.26 feet to the point of beginning containing 88.2
square feet, more or less.
UTILITY COMPANY COMMENTS:
c3No objections to the vacation described above.
• No objections to the vacation described above, provided following described
easements are retained. (State the location, dimensions, and purpose below.)
Signature of Utility C _ pany Representative
Title
AREA TO BE YACTED
SUNROOM
ADDITION
ENCROACHMENT AREA
UNE
BEARING
DISTANCE
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5.26'
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13
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I VAC07-2639
Close Up View
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NORTH WEST ARKANSAS EDTION',
• '
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Kate MacNaughton, do solemnly swear that I am the 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. 505 1
Was inserted in the Regular Editions on:
August 18, 2007
Publication Charge: $100.23
Subscribed and sworn to before me
Thi 6 y of f1l1C�u st , 2007.
Notary Publi aniceDeason
Notary Public, State of Arkansas
Washington County
If My Commission Expires 11J15/14
My Commission Expires: t i/i 5 4
**N0TE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
AUG 222007
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
' . -. -
Saturday, August 18, 2007: 1
ORDINANCE NO. 5051 iv s
AN•
ORDINANCE APPROVING VAC 07-2639 SUB
MITTED BY BILL BOSS FOR PROPERTY' LOCATED Tayve
AT 5808 RELIANCE TO VACATE A PORTION R AV Y 1 h GUTILITY EASEMENT ON THE SVBJECT PROPERTY "
WHEREAS, the City Council has the authority ARKANSAS;:
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 utit-
ity easements are not required for corporate purposes;
i r
NOW, THEREFORE, BE IT ORDAINED DY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
., r.,
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 n: That copy this shall bee l dy certified by the Cay cord along with the man attached
r '.
t and labeled Exhibitrdothe shall be filed in the office of the Recorder of the County and recortl-
Se in i the Deed Thtl hvac titnepprval' -
not be 3: That this an approval is subject to the Conditions of Approval as follows, and shall
i not be in effect until all conditions are met herein. - .. -'. -
1. Relocation of any existing utilities shall be at the owner/developer's expense. F 'r
PASSED and APPROVED this 7th day of August, 2007. t
APPROVED: •a G ATTEST:
BY: ,., BY:... ...-
I DAN COODY, Mayor - -. SONDRA E. SMITH, City Clerk(M1easurer
d' Exhibit A'is a map and may be viewed in the office of the city clerkltreasu'rer during normal business
0 hours... -
EXHIBIT"B' �''•
P -' , VAC07-2639 ;x a
A PART OF LOT NUMBERED ONE HUNDRED FORTY-FIVE (145), HERITAGE VILLAGE SUBDIVI-
SION. PHASE 11, TO THE CITY OF FAYETTEVILLE, ARKANSAS. AS PER PLAT OF SAID SUBDIVI-
SION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASH-
INGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT'THE NORTHEAST CORNER OF SAID LOT ONE HUNDRED FORTY-FIVE (145),
SAID POINT BEING AN EXISTING CONCRETE MONUMENT; THENCE S02°15.52"W 81.92 FEET
ALONG THE EAST LINE OF SAID LOT TO A POINT; THENCE N87°4408"W 14.74 FEET TO THE
TRUE POINT OF BEGINNING, THENCE 502°4745"W.17.00 FEET; THENCE Ni 5.11 FEET
TO A POINT ON THE WEST BOUNDARY OE A TWENTY (20) FOOT WIDE UTILITY EASEMENT;
i THENCE Ni 17.00 FEET ALONG THE WEST LINE OF SAID EASEMENT TO A POINT;
THENCE S88°0352"E 5.26 FEET TO THE POINT OF BEGINNING, CONTAINING 882 SQUARE
FEET, MORE OR LESS.. r 1•' p
RECEIVED
AUG 222007
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
From: Clarice Pearman
To: Pate, Jeremy
Date: 8.14.07 4:13 PM
Subject: Ords. 5042 - 5044 and 5048 - 5052
Attachments: 5052 Abshier Heights 166.20 waiver.pdf; 5043 R-PZD 07-2578 Bailey Meadows.p
df; 5044 Amend Ch 171 & 172.pdf; 5048 RZN 07-2637 Starks.pdf; 5049 R-PZD 07
-2613 Holcomb Heights II.pdf; 5050 VAC 07-2638 Estes.pdf; 5051 VAC 07-2639
Four Seasons.pdf; 5042 Amend Ch 161 Zoning Regs.pdf
CC: Audit; GIS
Jeremy:
Attached are the ordinances passed by City Council, August 7, 2007 generated by the Planning Division. Please let me know if
there is anything else needed. Have a good day.
Thanks.
dance
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
coearman(t ci. favettevi lie. ar. us