HomeMy WebLinkAboutOrdinance 5076 Doc ID : 011838130003 TVae : REL
Recorded : 12/17/2007 at 11 : 24 : 56 AM
Fee Amt : $25 . 00 Pace 1 of 3
Nashlnaton Countv . AR
Bette Stamos Circuit Clerk
F11i2007-00045813
ORDINANCE NO, 5076
AN ORDINANCE APPROVING VAC 07-2733 SUBMITTED
BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY
LOCATED AT 3873 NORTH PARKVIEW DRIVE TO VACATE
PORTIONS OF A UTILITY AND A DRAINAGE EASEMENT
ON THE SUBJECT PROPERTY, A TOTAL OF 0.06 ACRES.
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 portions of
platted utility/drainage easement 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/drainage easement:
See Exhibit "B" attached hereto and made a part hereof.
Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County. ,a1�K%TR1r,
SG
PASSED and APPROVED this 6'h day of November, 2007.
; FAYETfEVILLE • 3
APPROVED: ATTEST: ?If SP�;JtS
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By: By:
D N'COO , May SONDRA E, SMITH, City Clerk/Treasurer
nn!! EXHIBIT "A"
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EXHIBIT "B"
VAC 07-2733
PARTS OF LOTS 13 AND 14 OF VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 10 AT PAGE 79-80, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS :
BEGINNING AT THE NORTHEAST CORNER OF LOT 14 OF SAID SUBDIVISION;
THENCE SOUTH 02012'28" WEST ALONG THE EAST LINE OF LOT 14 A DISTANCE OF
10.00 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 87°44' 32" WEST
PARALLEL WITH THE NORTH LINE OF LOT 14 A DISTANCE OF 125 .07 FEET TO THE
EAST LINE OF AN EXISTING 25' UTILITY AND DRAINAGE EASEMENT ALSO
RECORED IN PLAT BOOK 10 AT PAGES 79-80; THENCE NORTH 02° 13 ' 30" EAST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF
LOT 14 ALSO BEING THE SOUTH LINE OF LOT 13 OF SAID SUBDIVISION; THENCE
CONTINUING NORTH 02013130" EAST ALONG THE EAST LINE OF SAID EXISTING
EASEMENT A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID EAST LINE RUN
SOUTH 87044132" EAST PARALLEL WITH THE SOUTH LINE OF LOT 13 A DISTANCE
OF 125.06 FEET TO THE EAST LINE OF LOT 13 ; THENCE SOUTH 02012'28" WEST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.06 ACRES OR 27501 SQUARE FEET MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
12/17/2047 11 :24:56 AM
and recorded in Real Estate
File Number 2007-0004581
Bette Stamps - Circuit le
by
o 12.17
City of Fayetteville 1116102
Staff Review Forth 50?
City Council Agenda Items V� /_AaJ1L. Me . `11
or J
Contracts phy51N4
6-Nov-07r y
City Council Meeting Datey� Y
Jeremy Pate Planning Operations
\)
Submitted By Division Department
Action Required:
VAC 07-2733 : (Physician's Surgery Center, 175): Submitted by CEI Engineering Associates, Inc. for property located at 3873
North Parkview Drive. The request is to vacate portions of a utility and a drainage easement on the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Pro ed Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$ :d
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
01CID-?
De m�ent Di Date Original Contract Date: Na
1 Original Contract Number: n/a
07
City Attom
nReceive Ci N Jerk's Office
Q , 964., 15,67
Finance and Internal Service Director Date
Received in Mayors OfficeLOA
EN
Mayor v/ Date
Comments:
City Council Meeting of November 6, 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: October 10, 2007
Subject: Easement Vacation for Physician's Surgery Center (VAC 07-2733)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating 0.06 acres (2,501 sq. ft.)
of the utility and drainage easements that are located on the subject property.
BACKGROUND
The project site is located north of Joyce Boulevard on parts of Lots 13 and 14 of
Vantage Square, in the Physician's Surgery Center, between Parkview Drive and Park
Oaks Drive. There are two existing 10' utility and drainage easements where an existing
building was constructed. Currently, there are no utilities located within these easements.
On May 14, 2007 the Planning Commission approved a request for a conditional use
permit (CUP 07-2539) to allow for hospital use, Use Unit 4, within the R-O zoning
district on the property, and a conditional use permit (CUP 07-2540) for off-site parking
as part of an expansion for the Physician's Surgery Center. On May 17, 2007 the
Subdivision Committee approved a large scale development (LSD-2536) for a 20,506 sq.
ft. addition to the existing Physician's Surgery Center building.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested easement vacation. This item was heard at the regular
Planning Commission meeting on October 8, 2007 and forwarded by vote of 6-0-0 on the
consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2733 SUBMITTED
BY CEI ENGINEERING ASSOCIATES, INC. FOR PROPERTY
LOCATED AT 3873 NORTH PARKVIEW DRIVE TO VACATE
PORTIONS OF A UTILITY AND A DRAINAGE EASEMENT
ON THE SUBJECT PROPERTY, A TOTAL OF 0.06 ACRES.
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 portions of
platted utility/drainage easement 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/drainage easement:
See Exhibit `B" attached hereto and made a part hereof.
Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
PASSED and APPROVED this day of 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
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EXHIBIT `B"
VAC 07-2733
PARTS OF LOTS 13 AND 14 OF VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE
CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 10 AT PAGE 79-80, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 14 OF SAID SUBDIVISION;
THENCE SOUTH 02012928" WEST ALONG THE EAST LINE OF LOT 14 A DISTANCE OF
10.00 FEET; THENCE LEAVING SAID EAST LINE RUN NORTH 87°44'32" WEST
PARALLEL WITH THE NORTH LINE OF LOT 14 A DISTANCE OF 125 .07 FEET TO THE
EAST LINE OF AN EXISTING 25 ' UTILITY AND DRAINAGE EASEMENT ALSO
RECORED IN PLAT BOOK 10 AT PAGES 79-80; THENCE NORTH 02° 13 '30" EAST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF
LOT 14 ALSO BEING THE SOUTH LINE OF LOT 13 OF SAID SUBDIVISION; THENCE
CONTINUING NORTH 02013130" EAST ALONG THE EAST LINE OF SAID EXISTING
EASEMENT A DISTANCE OF 10.00 FEET; THENCE LEAVING SAID EAST LINE RUN
SOUTH 87044132" EAST PARALLEL WITH THE SOUTH LINE OF LOT 13 A DISTANCE
OF 125 .06 FEET TO THE EAST LINE OF LOT 13; THENCE SOUTH 02° 12'28" WEST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.06 ACRES OR 21501 SQUARE FEET MORE OR LESS.
Taye •Rrv1 PC Meeting of October 8, 2007
ARKANSAS
THE CITY OF FAYETTEVILI, E . ARKANSAS
125 W. Mountain St
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Aeteber- , Undated October / l. 2007
VAC 07-2733: (PHYSICIAN'S SURGERY CENTER, 175): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH
PARKVIEW DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and
contains approximately 2.97 acres. The request is to vacate portions of a utility and a
drainage easement on the subject property. Planner: Andrew Gamer
Background/Properry: The project site is located north of Joyce Boulevard on parts of Lots
13 and 14, in the Physician's Surgery Center at Vantage Square, between Parkview Drive and
Park Oaks Drive. There are two existing 10' utility and drainage easements where an
existing building was constructed. Currently, there are no utilities located within these
easements.
On May 14, 2007 the Planning Commission approved a request for a conditional use
permit (CUP 07-2539) to allow for hospital use, Use Unit 4, within the R-O zoning
district and a conditional use permit (CUP 07-2540) for off-site parking. On May 17,
2007 the Subdivision Committee approved a large scale development (LSD 07-2536), a
20,506 sq. ft. addition to the existing Physician's Surgery Center building.
Request: The applicant requests to vacate 2,501 sq. ft. of the utility and drainage
easements that are located 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.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES RESPONSE
Cox Communications No Objections
AEP/SWEPCO No Objections
K: Rqe ts\2007\PC Reports\I0-08-07\VAC 07-2733 (Physician's Surgery Ccnter).doc
Arkansas Western Gas No Objections
AT&T/ Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Engineering No Objections
Solid Waste No Objections
Transportation No Objections
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.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding to the City Council a recommendation
of approval to vacate the utility easement VAC 07-2733 with no conditions.
PLANNING COMMISSION ACTION: _} es Required
Recommendation to be: X Forwarded for approval , 17 . Denied
Motion: Ostner
Second: Winston
Vote: 6-0-0 (approved on consent a¢enda)
Date: October 8, 2007
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:\Repons\2007\PC Reports\I0-0"7\VAC 07-2733 (Physician's Surgay C aa).doc
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CEI Engineering Assoclates, Inc.
3317 SW "I" Street • P.O. Box 1408 • Bentonville, AR 72712-1408 • (479) 273-9472 • (479) 273-0844
August 29, 2007 DISTRIBUTION:
RER/File
City of Fayetteville Planning Commission
113 W. Mountain St
Fayettevillee, AR 72701
(479) 271 -3126
Re: PHYSICIANS SPECIALTY HOSPITAL
(Formerly FAYETTEVILLE SURGRY CENTER)
3873 North Parkview Drive,
Fayetteville, Arkansas
CEI Project No. 23586.0
To Fayetteville Planning Commission:
This is a formal application for a utility and drainage easement vacation located in Lot 13 and Lot 14 of the Vantage
Square, Unit 2, a Subdivision to the City of Fayetteville, Arkansas. The purpose of this easement vacation is to vacate
the utility and drainage easement were the existing building was constructed in said easement, this vacation will also
allow the necessary planned building expansion. At present, no utilities exist within the easement.
We have obtained approval from all utility companies and city departments listed in the application check list. I am
certain that the public interest and welfare would not be adversely affected by the abandonment of the portion of the
above described 20 foot utility and drainage easement.
Your consideration in this matter will be greatly appreciated. If you have questions or concerns, please do not hesitate
to call.
Respectfully submitted,
Koh Siong Chai, P.E.
Project Engineer
Local Development(Public Works
Attached: 1) Vacation Fee of$200.
2) Easement exhibit with legal description
3) Abstractor's Certificate of Ownership
4) Tw sets of typed mailing labels
5) A copy of Plat
6) Peutian for easement vacation
7) Written of notification
8) Comments from all utility compaties and city department
CALIFORNIA • ARIZONA • TEXAS • ARKANSAS • TENNESSEE • MINNESOTA • PENNSYLVANIA • GEORGIA • FLORIDA
84/23/2007 15:06 4798720174 COX CONSTRUCTION PAGE 02/84
FOJt RIGHT- OF- WAY, ALLEY, AND
UTILITY FASF..MENT VACATIONS
UAfEAorij. 19. 2007
UTILITY COMPANY: �Qx atm,enicationn9 ($ilte Hoorn)
APPLICANT EpBlneer1n. Zeott_ math AP.PLICANTPHONL 479_273-
RE()I7gSTED V ACA71ON (cancans onus[ check g(I that apply)
X UdlityBasemenl / Drainage Easement
- Right-of-woy for alloy or streets and alt utility casements located within the vacated tight- of.- way.
Alloy
Street right el --way
I have been notified of the petition to vacate the .(oitowing (alley, earament, right -of --way), described as follows:
General location I Address (referring to AttaQwd document- mute be cotopkxd")
'• 3873 North Farkview Drive
(ATTACH Ieaat dtscr"ion qpjgraphic representaAon of what is beirq veeesrd4UR}B1l
UTILITY COMPANY COMMENTS:
kNo oblections to the vacations) ducribod above.
No objeotioru to the vacation(s) described above, provided following described casements ere rcained.
(Slate the location, dimensions, and purpose below,)
No objeaioas provided the following conditions arc mer
ature of Utility Cotg any Represtmbdivc
2 t' 7' aflCS I,4 V
Title
sca.inty rasa
rate 1
Sep. b. zoo/ Ii:OIrM
No. 3555 P. 2
FOR LIGHT- Or- WAY, ALLEY, AND
UTQdny ANT VACATION'S
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��li ayeJ laY.�e7.��.I1/'�'�_ Aj1�..:S❑OV `�iZC�L'T7
" x Easement
o$n7S alleya+eatmdall W1irymatsfressod wAu.8vaMed$gbt.of- .,4,.
Suns ''iflt d-wey
I Se bee mafris dsho pedtim b vacae de fo*owmt (agcy aaoeto wt ^ k,*,.Wk dcnibd ee 6d6as:
Grit Nos.I Add es (taOMW p sty fid +mud._ mOK he eomp(eIed1')
u7TAMkedder^�e M jVVI�lc rgW"m.en&I dwUer b &e ft"WaW,4VRVEV
P4/5;A. sw4F.yy C,r
sX me objeedeos ao dw v amiw(s) /deaa�O_d� above. lo'Ta�/�3 '�L%��-� �iDym — Jw�PE
" No . to ds no sioe(s) d--- abol e. provided W Kwwied easessots at It.
(SWm the beatioc, dimeodom, ad pupae below.)
No objet ors povidd to tMoww oonditioes am emu
I
A P
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FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: April 19, 2007
UTILITY COMPANY: Arkansas Western Gas (Randy Drake)
APPLICANTNAME: CEI Engineering -Scott Smith APPLICANTPHONE: 479-273-9472
REQUESTED VACATION (applicant mast check all that apply):
g Utility Easement/Drainage Easement
Right-of-way for alley o_ streets and all utility easements located within the vacated right- of- way.
Alley
Street right -o` -way
I 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 F')
1R71 North Parkview Drive
(ATEA CII legal description and graphic representation of what is being vacated-SUR VE19
ImLTTY COMPANY COMMENTS:
-- C ` No objections to the vacations) described above.
No objections to the vacation(S) described above, provided following described casements are retained.
(State the location, dimensions, and purpose. below.)
No objections provided the following conditions are met:
��� �-Zri•ol
Signature of Utility onapany Represen c
F�Ew�as_ As,;,s-m,.r omitAn-U(a M4.,Ar.cA
71r
February 2ea6
Page $
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a1y
t& Lynda Palmer AT&T Arkansas 7: 501.373.5255 Manager-Fngneemg (ROW) 1111 Wert Capitol F: 501.373.0229
Right -of -Way 6 loot Use Poles Room 941 lyodapaknereattcom
Little Rork, AR 72201
May 18.2007
CEI Engineering Associates, Inc.
Attn: Scott Smith
3317 SW "I" Street
Bentonville, AR 72712
Dear Mr. Smith:
RE: Easement vacation - Physician's Specialty Hospital
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 me at the above address for my files.
If you have any questions or comments, please call me at 501-373-5255.
Sincerely,
Palaw
attachments
'CJ!)' prow syonsa a me U.S orymryc Tern
CONCURRENCE TO VACATE
A DEDICATED UTILITY AND DRAINAGE 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:
Parts of Lots 13 and 14 of Vantage Square, Unit 2, a subdivision to the City of Fayetteville, Arkansas, as
shown on plat of record in Plat Book 10 at Pages 79-80, plat records of Washington County, Arkansas and
being more particularly described by metes and bounds as follows: Beginning at the northeast comer of Lot
14 of said subdivision; thence 5 02°12'28" west along the east One of Lot 14 a distance of 10.00 feet;
thence leaving said east line run N 87°44'32" west parallel with the north tine of Lot 14 a distance of 125.07
feet to the east line of an existing 25' utility and drainage easement also recorded in Plat Book 10 at Pages
79-80; thence north 02°13'30" east along the east line a distance of 10.00 feet to the north line of Lot 14
also being the south line of Lot 13 of said subdivision; thence continuing north 02°13'30" east along the east
tine of said existing easement a distance of 10.00 feet; thence leaving said east tine run south 87°44'32"
east parallel with the south line of Lot 13 a distance of 125.06 feet to the east line of Lot 13; thence south
02°12'28" west along the said east line a distance of 10.00 feet to the point of beginning, containing 0.06
acres, or 2,501 square feet, more or less.
Signed and executed this ILL._ day of May, 2007.
By: a'A1
an Davis
Dir or-Engineering/Construction
t.:r : r 11. _ i
STATE OF ARKANSAS
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 duty sworn, declared that he is the Director-Engineering/Construction for Southwestern
Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing
instrument as the act and deed of said company of his own free will and for the purposes and
awaMderations therein expressed and with due authority.
�Or •Q�G . F{A. 4n witness whereof I hereunto set my hand and official seat.
S 7i
76 •••.: r0 Tik�sfludnenf prepared by AT&T L/� j{I ��
l+.y �"""r 1�'.'l6pitol, Room 941 L E. Sonimerfeldt Palmer
fR (6•R�ock, AR 72201 (501-373-5255) Notary Public In & for Faulkner Co., AR
My commission expires August 10, 2011
05107/2007 YON 11:19 FAX 479 884 4730 WATER & SEWER IA002
May 02 2007 9:54RM CEIi LD 47925•. 39 P,2
FOR RI r- OF- WAY, ALLEY, ATE
UTILTIY EASEMENT VACATIONS
TIYC0MPANY: -. City of Fayetteville (Water S Sever)AJP'
L&CANTNAME: CEI Engineering -Scott Smith APPLICANT FHON&479-273-9472
UESTEDVACATION(*pftcaxtm& fchecha�fha[apPh): _
FUtilityEasement / Drainage Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- wiy.
Alley
Stied tightof-way
It been notified of the petition to vacate the following (obey, emumenf- rthr-of wy), described as follows:
G era! location / Address (reSnrriog to attached document- must be completed')
'• 873 North'Parkview Drive
(.i7TACSW eleunFdon and graphic repraoeatton of what it being yacared,SURP5i9
No objections to the vaeatioa(c) described above.
No objections to the nacatou(s) described above, provided following darnbed casements are tea Anti
(State the location, dimensions, aid purpose below.)
^ No objections provided the following coadtioaa are met '
Flkvary 2006
PQaS
FOR RRCAT- OP -WAY, ALLEY, AND
UTILITY SASE$l(t VACATIONS
UMATYOOMPA1.Y: -City of Fayetteville (Solid Vesta)
APPLICANT -NAME: CE! Enamen o_ —Stott Saith APPUCAMT PRONE: 479-273-9472
REQmsTev VACATTON(piou/Aw qp
E' /En /Drainage Es.esant
RigStof-ray for d6y 4raheea as an silty saeemean Located withM the vacated tight_ of- way.
Allay
— seetugjttway
rMv. bear nailed of 0, paieo to p__Ike lonvwiog (dry. .mass( t(64 *wtQ , deswibed as fotbas:
Caad bade. (Addrea (rafmieg Ia aebchd docaoan- oeae be eompIMed••) -
•• 3873 Ie h Tp�
----.-�k;ler Drive
(4 mica q( d 4grgMc npaa. pa .Jriais bada1 %"*a-svRFoHV
LiTanY COMPANY COMMENTS, _
VNo abladioea to do va=b*s) dmm-hedabove.
No abjaltiee. to an Talon(s) dmmbed dovo,Aosided 6o0oriog deaabed ea are shined
(St. the iotte. d®enbes, sod papoe bd.w.)
No objayor provided the Shcoriag woditiow comet
Adr.rp SNQ
l�S
UV/U4ixa97 14:78 FAX 4794443490 COF TRANSPORTATION DIVIS
FOR RIGHT. OA. WAY. ALISY, AND
UTW7yEA$CMfNT VACATIONS
DATE; April 19 • 3007
WIIXFYCOiPANY: _ City of Faystterille (Transportation)
E1:.t �yt:s
- _Ulf**O'Basement /Drafaase Eaaeaeat
479-273-9472
Rlgbtof way (br alloy or sheep nod all rtity 4uawn loosed within die vacated right. of- way.
Alley
' Saes rlgla•atway
I have been aoa8ed ortbe pemioa to vane the folbwiaj (a0q aaseawia, right Wouv). described as follows
Canal laeanaaIAddrna(referringbaldcbeddoaataoFmustbeeooplaeed")'
'• 3873 Rorth parkriew Drive
(ATrACAlgda�cr/prhaSdrrrpAieraynuansaTonofWWLletng w,4&4$URIB17
U7flyCOMPANY COMMIRNIS:
No objaybos to the yaae ions) desedbod. about.
No obj. nloar to blot: vacation(.) dcrbd a boss, pcovided (allowing descried cascarats are rwined.
(Bads on 1acsko, d'wepsioat, sad papa,. Mew.)
No eb)wtom ptovidcdthe following mn&t(one en met
� �4.r , .,,.
i ! .I
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: May 2, 2007
Address/location of vacation: 3873 North Parkview Drive
Adjacent property address: 1792 East Joyce
Lot: Block: Subdivision: Butterfield Trail Prf_ Center
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:
CEI Engineering -Scott D.
Smith (Physcian's
Surgery
Center)
Applicant Name
February 2006
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: May 2, 2007
Address/location of vacation: 3873 North Parkview Drive
Adjacent property address: 1972 East Joyce
Lot: Block: Subdivision: Rurterfield Trail /Prof _Center
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.
'-, I do not object to the vacation described above.
❑ I do object to the requested vacation because:
CET Engineering —Scott D. Smith (Physician's Surgery Center)
Applicant Name
February 2006
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: May 2, 2007
Address/location of vacation: 3873 North Parkview Drive
Adjacent property address:
Lot: 4B Block:
REQUESTED VACATION:
Lot 4B
Subdivision: Vantage Square —Unit 2
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:
❑ 1 have been notified of the requested vacation and decline to comment.
VI do not object to the vacation described above.
❑ I do object to the requested vacation because:
February 2006
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: May 2, 2007
Address / location of vacation: 3873 North Parkview Drive
Adjacent property address: Lot 4C
Lot: 4C Block Subdivision:
REQUESTED VACATION:
Vantage Square —Unit 2
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 wits! is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
❑ I 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:
Name of Adjacc ropert7
Signature of Adjacent Proocc
CEI Engineeringc
Owner
D.
icians Surgery
February 2006
Page 6
ADJACENT PROPERTY OWNER NOTIFICATION FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: May 2, 2007
Address / location of vacation: 3873 North Parkview Drive
Adjacent property address: 3822 & 3828 North Parkview Drive
Lot: 4D Block: Subdivision: Vantage Square —Unit 2
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.
S' I do not object to the vacation described above.
❑ I do object to the requested vacation because:
N c, L-2z�2k'vT
Property Owner
CEI Engineering -Scott D. Smith (Physician's Surgery:Center)
Applicant Name
February 2006
Page 6
VAC07-2733 PHYSICIAN'S SURGERY CENTER
One Mile View
T[!t UAIcI_ RO IAKEIAYE11Rg11L RD
\ �LCL
} LAKE FAYEITEVlLLE V /rir t Ha "
' >
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r
inn O r INNf]A(
2 vi RPID 9 RAF 2l
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C -f a — R3J % _YN. if Ru
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RSF SUBJECT PROPERTY
Ra
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IL DgnI RI 3Trc N YANCHFSifftO .o_ ' Ag'- .S4RINItl _ c. flIRR5F{l
c - Ik JUNSHIRpN - ElA!NE AVE EUINEAVE I aPA9 - PSi.l CI RSFJ r RSFJ
NRAY8 ¢' a THURNHRI_DC] ' ShARUN SI
ri F = f aMl JRIII I FIEI O Rl1 •OI (1SFJ _ R'c
RO�ry> SF{o J 'a. -a:.(_' yrJ RSR-4W�iiWICKU
W'Lyti
(RJ SiN RYJ - p RSFO yt 4• _ V 4
HnuOLIJ `v I MAyatJ '4 \Li v hA4 fe RSFa
NAII li{c R RA R ) RSFd RSFJ ,� R�V0.. o -'N .KBEs $FJ yC b
.;an'c i ;�'IYc l BRFARCI IFI SI r1RIMCLp SF 9 �,�pSC RSF-0 R$F: R$fa1 S 'Q t0 p
4SC RJ .RSFJ _ e
'J/F4Jg iw`}inf R3-0 htIRMAN Si RS( -4 k RSJ0.5FJ
Overview Legend Boundary
Subject Property iti Planning Area
_____ ® VACO7-2733 - • Overlay DisVicl
Outside City
Legend
Hillside -Hilltop O erlay District
0 0.25 0.5 1
Miles
(11.14.07) Clarice Pearman - Ord. 5072, 5075, 5076 & Res. 190-07 Page 11
From: Clarice Pearman
To: Pate, Jeremy
Date: 11.14.07 9:15 AM
Subject: Ord. 5072, 5075, 5076 & Res. 190-07
Attachments: 5076 VAC 07-2733 Physician's Surgery Ctr.pdf; 5075 C-PZD 07-2726 Sunshine H
ouse.pdf; 5072 VAC 07-2722-Menninger.pdf; 190-07 PPL 07-2679 Township Heigh
ts.pdf
CC: Audit; GIS
Jeremy:
Attached are three ordinances and one resolution passed by City Council, November 6, 2007. Please let me know if there
Is anything else needed. Have a good day.
Thanks.
Clarice
RECEIVED
N0V 262007
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
Arkansas sas DemocratZE aze to
Northwest Arkansas Times
Benton County Daily Record
P. 0. 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. 5076
Was inserted in the Regular Editions on:
November 16, 2007
Publication Charge: $105.50
Subscribed and sworn to before me
This may of /a' , 2007.
CSTH i J. WILES
Notary Public >:'' _ r
...r iS'Ufl F%Ilifn9
. _jar ?0.2054
My Commission Expires: Z1zz /2O+y.
**NOTE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
NOV 262007
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Friday, November 16, 2007
No.
AN ORDINANCE APPROVING VAC 07-2733 SUB-
MITTED BY CEI ENGINEERING ASSOCIATES, INC
FOR PROPERTY LOCATED AT 3873 NORTH
2ARKVIEW DRIVE TO VACATE PORTIONS OF A
UTILITY AND A DRAINAGE EASEMENT ON THE
SUBJECT PROPERTY, A TOTAL OF 0.06 ACRES.
e Y Kle
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 portions of platted Wili-
ty!dranage easement are not required lor corporate purposes
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
SeCOn 1 Tha: Vie C.ty Counci of the City of Fayetlevale, Arkansas nereby vacates and abandons
the follovmg described utility/drainage easenent;
See Exhibit'Battached 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 tiled in the office of the Recorder of the County and record-
ed in the Deed Records of the County
-S APPROVED this 6th day of November 2007
APPROVED. ATTEST
By.
DAN COODV, Now RROtWRA E. SMITH, City CIM/1yr.wr
Exhibit A is a map and may be viewed in the office of the City Clerk/Treasurer during normal busi-
ness hours.
EXHIBIT 'B'
VAC 07-2733
PARTS OF LOTS 13 AND 14 OF VANTAGE SQUARE, UNIT 2, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLATOF RECORD IN PLAT BOOK 10 AT PAGE 79-80.
PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF LOT 14 OF SAID SUBDIVISION, THENCE SOUTH
02°1228' WEST ALONG THE EAST LINE OF LOT 14 A DISTANCE OF 10.00 FEET, THENCE LEAV-
ING SAID EAST LINE RUN NORTH 87°44'32' WEST PARALLEL WITH THE NORTH LINE OF LOT 14
A DISTANCE OF 12507 FEET TO THE EAST LINE OF AN EXISTING 25' UTILITY AND DRAINAGE
EASEMENT ALSO RECORED IN PLAT BOOK 10 AT PAGES 79-8O, THENCE NORTH 02°13'30' EAST
ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE NORTH LINE OF LOT 14 ALSO
BEING THE SOUTH LINE OF LOT 13 OF SAID SUBDIVISION, THENCE CONTINUING NORTH
02°1330' EAST ALONG THE EAST LINE OF SAID EXISTING EASEMENT A DISTANCE OF 10.00
FEET, THENCE LEAVING SAID EAST LINE RUN SOUTH 87.4432' EAST PARALLEL WITH THE
SOUTH LINE OF LOT 13 A DISTANCE OF 125.06 FEET TO THE EAST LINE OF LOT 13; THENCE
SOUTH 02°1228' WEST ALONG THE SAID EAST LINE A DISTANCE OF 10.00 FEET TO THE POINT
OF BEGINNING. CONTAINING 0.06 ACRES OR 2,501 SQUARE FEET MORE OR LESS.