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Home My WebLink AboutOrdinance 5087r City of Fayetteville 21 4//Q 7 Staff Review Form 5o g 7 City Council Agenda Items 1rl& or � Contracts 4-Dec-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2761 : (Roetzel, 370): Submitted by Mike and Julie Roetzel for property located at 1626 East Cypress, Lot 46 of Charleston Place Subdivision. The request is to vacate portion of a utility easement on the subject property. $0.00 n/a n/a Cost of this request Cate o /Pro ect 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 Fs : Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Depaartmeennt director Date Original Contract Date: n/a Original Contract Number. n/a City Attom y AReceived in City C ENTERED Offi �a ..� Q - �J ,.�, .` ► I - 14 -07 111 Finance and Internal Service Director Date Received in Mayors Office ENT Mayor D Comments: City Council Meeting of December 4, 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 J Date: November 15, 2007 Subject: Easement Vacation for Roetzel (VAC 07-2761 ) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating 3 feet (219 sq. ft.) of the utility easement along the west side of the subject property. BACKGROUND The subject property is located east of Old Wire Road and directly north of the cemetery on Mission Boulevard and was created with approximately 49.59 feet of frontage. It is one of the 51 lots of Charleston Place, a Planned Unit Development approved in 1999, which allowed for smaller lots than permitted by the underlying zoning regulations. Currently, lot 46 ( 1626 E. Cypress) is approximately 0.09 acres, of which more than 25% is within a utility easement along the north, west, and south property lines. A majority of the surrounding lots contain more area and fewer utilities easements. DISCUSSION Notification was provided to all appropriate utility representatives and to the City with no objections to the requested easement vacation, provided it is only the 3 feet as described. This item was heard at the regular Planning Commission meeting on November 13, 2007 and forwarded by vote of 8-0- 1 on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2761 SUBMITTED BY MIKE AND JULIE ROETZEL FOR PROPERTY LOCATED AT 1626 EAST CYPRESS, LOT 46 OF CHARLESTON PLACE SUBDIVISION TO VACATE A PORTION OF A UTILITY EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 0.09 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 portion of platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ' THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit `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. 1 . No portion of the front or back utility easements shall be vacated. PASSED and APPROVED this day of , 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "B" VAC 07-2761 A PART OF LOT 46, CHARLESTON PLACE, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD 16 AT PAGE 36, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS N88036131 "E 4.5 ' FROM THE NORTHWEST CORNER OF SAID LOT 46 AND RUNNING THENCE S00050936"W 90.321, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.421AND A CHORD BEARING AND DISTANCE OF S88032'387'E 3 .001, THENCE N00050'36"E 90.47' , THENCE S88°36' 31 "W 3.00' TO THE POINT OF BEGINNING. Ta ye evl e PC Meeting of November 13 , 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: Data Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: tet,.. ..... W Updated November 14, 2007 VAC 07-2761 : (ROETZEL, 370): Submitted by MIKE AND JULIE ROETZEL for property located at 1626 E. CYPRESS, LOT 46 OF CHARLESTON PLACE SUBDIVISION. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.09 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description and Background: The subject property is located east of Old Wire Road and directly north of the cemetery on Mission Boulevard and was created with approximately 49.59 feet of frontage. It is one of the 51 lots of Charleston Place, a Planned Unit Development approved in 1999, which allowed for smaller lots than permitted by the underlying zoning regulations. Currently, lot 46 ( 1626 E. Cypress) is approximately 0.09 acres, of which more than 25% is within a utility easement along the north, west, and south property lines. A majority of the surrounding lots contain more area and fewer utilities easements. Request: The applicant is requesting to vacate 3 feet (a total of 219 square feet) of a utility easement along the west side of the property, in order to provide sufficient space to build a single-family dwelling on a lot with a width that ranges from approximately 37.68' to 49.59' . The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No objection to vacate 3 ' of the utility easement along western KAReports\2007\PC Reports\1143-07\VAC 07-2761 (Roetzel).doc portion of Lot 46. Arkansas Western Gas No Objections AT&T Arkansas No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: One objection to the project has been received. Please see the attached request. The objection is not from an immediately adjacent property owner , and the vacation will have no detrimental impact for access or services for this property owner. Recommendation: Staff recommends forwarding VAC 07-2761 to the City Council with a recommendation of approval to vacate 3' of the utility easement as noted herein with the following Condition of Approval : 1 . No portion of the front or back utility easements shall be vacated. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: November 13, 2007 Motion: Trumbo Second: Graves Vote: 8-0-1 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 Date K:\Rcports\2007\PC Reports\] 1-13-07\VAC 07-2761 (Roetzel).doc NOTIFICATION OF EASEMENT TO BE VACATED TO: Owners of property adjacent to Lot 46 in Charleston Place Subdivision, Fayetteville, Arkansas. Home Owners Association, I, Jerod Hamilton, am requesting to vacate all or a portion of the utility easement stated in the legal description for Lot 46, Charleston Place, Fayetteville, Arkansas, 72703, as shown on Plat Record 16 at page 36. Due to size limits and set backs on the lots in this subdivision, it will be difficult to build a house with the entire utility easement intact. All surrounding properties, excluding our lot, are developed with utilities currently in place. Utility companies have reviewed and surveyed this property and all have agreed to release all or a portion of this easement. Thank you for your time and consideration. Sincerely, Jerod Hamilton PETITION TO VACATE PETITION TO VACATE AN EASEMENT LOCATED IN LOT 46 OF CHARLESTON PLACE SUBDIVISION, CITY 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 Lot 46 of Charleston Place Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate and easement which is described as follows: A part of lot 46, Charleston Place, Fayetteville, Washington County, Arkansas, as shown on plat record 16 at page 36. That the abutting real estate affected by said abandonment of the alley are Lot 47 of Charleston Place Subdivision, Common Area of Charleston Place Subdivision, Lot 45 of Charleston Place Subdivision, PT Lot 11 of Charleston Place Subdivision and Lot 12 & PT Lot 11 of Charleston Place Subdivision, 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 that 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 governing body of the City of Fayetteville, 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 form the easements of the public for the use of said alley. Dated this 4� day of 20 O '7 . Mikc � e�u� Prinled Name Signature Printed Name Signat re at&t CONCURRENCE TO CLOSE A PORTION OF 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 closing of the following dedicated public easement, to-wit: A part of Lot 46, Charleston Place, Fayetteville, Washington County, Arkansas, as shown on Plat Record 16 at Page 36, being more particularly described as follows, to-tit: Beginning at the northwest comer of said Lot 46 and running thence S00° 50'36" W 90.05; thence along a curve to the left having a radius of 330.42' and a chord bearing and distance of S88009'13"E 7.50'; thence N00050'36"E 90.47'; thence S88036'31 "W 7.51 ' to the point of beginning. Signed and executed this �0* day of May, 2007. By: 6. 1"..' F Jean Davis Director-Engineering/Construction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the / day of May, 2007, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly swom, 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 In a$ the act and deed of said company of his own free will and for the purposes and therein expressed and with due authority. Q 46+•; o" Ay ss whereof I hereunto set my hand and official seal. M, BLtG , i 1S•imtFIyq erlt'prepared by AT&T A f11QP.�l, Room 941 Lyncla E. Sommerfeldt Palmer LlftiE'Rock, AR 72201 (501-373-5255) Notary Public in & for Faulkner Co. , AR My commission expires August 10, 2011 at&t Lynda Ralsnw Arkansas 501.373.5255 Manager-Engn1111 Reerng (ROWJ 1111 West Capitol F: 501.373.0229 RghtoF Way a lout Use Poles Room 941 lynda.palmer®aticom Little Rock, AR T2201 May 10, 2007 Jerod Hamilton 2391 Water Oak Fayetteville, AR 72704 Dear Mr. Hamilton: RE: Easement vacation - 46 Charleston Place - Fayetteville Please find enclosed ATV' 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, attachments ( Crova Sporov of Wp US Olymort Imam UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 05/10/07 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 46, Charleston Place, Fayetteville, Washington County, Arkansas, as shown on Plat Record 16 at Page 36, being more particularly described as follows, to-lit: Beginning at the northwest corner of said Lot 46 and running thence 500° 5016" W 90.05; thence along a curve to the left having a radius of 330.42' and a chord bearing and distance of 588°09'13"E 7.50'; thence N00°50'36"E 90.47'; thence S88036'31 "W 7. 51 ' to the point of beginning. 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: TC Yea E. Sommerfeldt Palmef, Mgr.-Engr. (ROW) May. 12. ZUU1 4 : urm no. 10:00 r. i ' SOUTHWESTERN ELECTRIC Fayetteville District Opemflons Center POWER 101 W. Township . Fayetteville, M 72703 Fax To: From: 3Ch Fax: 6zo - -594Q Pages: Pune: Dame: �nT_ Re: _ u/1U� �f1sE/1/fE.,vT — �nT Y'CO C..+�(.E TOnJ /2AGF Commemu: 233A P� YGY hie i4ntr �.c�st�ow`5 Phone: (479) 973-2300 Fax: (479) 973-2328 2007-da J'U. Iv 4:13FM y� PLAT OF SURVEY 11 "Tfi N(7F� "opt barxxw.+ .nui.+�lnindor A tY1DINRT Rxb MI tnprNlN:)•NrtT nu -r: Wt a.rxTlxxflmore Iaw ll iflso liw ry/ SKM.Ta.Tx u is IC HA TI4 lI v I xa?1',wD:AMIV.M ARn<MrV NAT III\xla NA'1 ?Mt 1. No. [ago ,i. ltn.Fs 0.. R. {7,..tOrs %vt5 4e 4-4'1- We OAt txjutslilo� *A 4t.a't,5fk tv+ on trt I% be.r u T4- ?uric spec on-t*Lut(Wll t7 ry RKMYou ?omen (s on Ldrt a. • _'—�— O' mar mt II hsurAlw rllw. halm wit CCa *r A. trSS M'IIR NANSt MID MAsm" 14*IAa PI/DC IS*M ;MT[MAr MNI wItau &oa%t�IVItY.ASAIWS. Y.0 .�liMMi Lwt RN ElI )MAT 11fTh III • ,. Yom: pl-�i .rV M,a t�f .L 't:.-.- A. - ,i.j ;.iAi11.-1 :r: Ta *.i .( ZD wp! . 'I- aNixr 114110t flu M MX va% lK — _ OmQ WYNIL •\ td* aa.SI . YIN'at .__t. -N1 wfll.,an .�V.V.V.[ -. A1Y\MYiV r. 42/3 GUU!-may. LL LUUII 4: Urm a nU. L07U r. )p 3/3 UTILITY APPRovAL FORM FOR RI[Er- OF- WAX, ALLEY, AND UTILITY EASEAIBNT VACATIONS DATE: ci, 4 -/zoo? UTILITY COliANY: [^ Q APPUCANr NAE: ` APPLICANT PHONE: REQUESTED VACATION (epp—ffM c n cheetgff au oPPtJr RigS-t way fix sky or Street and dl ahlity asa located widdn tee v.caled d8bt of- way. Sv.a right -twat' 1 iA.l.__.iii:uirf rtr.i_.::dr.,l,,s, :.__k1. I . I.•_ . .. ..1 L 1 IY • . .1- ._ '''3 ..I • •1 _Y•\1H 11 L :1.1111 I I 1q♦ . • I II . ••'I• 111- - i I. Arkansas Vtstern Gas V Company A subsidiary of Southwestern Energy Company UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Friday, May 25, 2007 UTILITY COMPANY: Arkansas Western Gas Company APPLICANT NAME: Cara Roetzel REQUESTED VACATION: Street QX Utility Easement o Street and all the utility easements located within the vacated street o Right-of-way for alley or street Right-of-way for alleys or streets and all utility easements located within the vacated rightof-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: Vacate 7.5 feet of utility easement along western portion of Lot 46 in Charleston Place Subdivision, Fayetteville, Washington County, Arkansas, as shown on plat record 16 at page 36. UTILITY COMPANY COMMENTS: Fayetteville Assistant Operating Manager Signature of Utility Compan epresentative Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANT NAME: _ REQUESTED VACATI( must check all that apply): III Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 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**) •• I ..*UIn t'L._.J an1naOVila• • C...iIn.:tl- I at (ATTACH legal description and graphic representation of what is being vacated-SURVE)' UTILITY COMPANY COMMENTS: 9 No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Company Representative iN February 2006 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /v7/o-1 UTILITY COMPANY: VUthe4i. APPLICANT NAME: APPLICANT PHONE:U REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 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•') (A TTACH legal description and graphic representation of what is being vacate -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility Cbmpany Representative Title February 2006 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANT NAME: REQUESTED VACATION (applicant must check all that apply): V Utility Easement APPLICANT PHONE: Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-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") UTILITY COMPANY COMMENTS: (ATTACH legal description and graphic representation of what is being / Wo objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility Representative Ir February 2006 Page 5 +74 SZo 5dio UTILITY APPROVAL FORM FOR RIGHT. OF- WAY, ALLEY, AND UTILij'y EASEMI 1VT VACA77ONg DATE: UTILITY COheANY: • • I p -- k iiI, lIl 1 • .1 --I 1 I I •1 I Y • I I I I I II. 1 L 1 I have been notified of the pedtlon to vaoete tie f ego h (Quit, entoneru, M[ ), described as follows: Geuei:I IacatlsQ I Add+ra• {refetrueg to attached doctaneot- mwt be eomplekd=+� _• 1 rt4^Itl_ rL __. ._ (AZTACU kLW Jner4, • e__-�'� graphic ofWAWisleap •• •• I 7 S 1• I . 4•• 1 1 • • 1 .Y\ •� 11 11 . .. I I p [ s w • .• 1 I I I r II . L 1 •- r u• 1 1 III II•L.-• • -• ull-L\ w G ae 'J&NaI7 2006 Sic 9zz7 05/01/2007 16:47 4798720174 COX CONSTRUCTION .2907-05.01 10:26 UTILITY APPROVAL FORM I!OR RIGET- OF- WAY, ALLEY, AND tmtrIX LASEMENT VACATIONS DATE: PAGE 02/02 47487201/4 P 3/3 tflhI1TYCOMPANY: bX C orer+t* 41 ;MS APPUCANTNAME: �J ApPUCANrP}IONE Ul h `ZLOLOV6 REQUESTED VACATION (applicant mass check g4 that q+ply): Utility Eseemtut Right-of-way for silty or sk"ts end sU utility easemeate located within the vacated right- of. way. A� Street dghtvPway I brave been notified of the petition to vacate the following (4114, easmens, right-of-way), desatihed as folows: Gerteal Iontlon / Address (refeuing to attached document- must be completed'*) s• ( c4- LII n r In Inc; -r.,.. Dl n . n G . t .. s.L., tt7TACHlegal dnerlpdonQr(Fnyrhrct pracarmionofwharisbeingvaearad rIItI'M7) UTILITY COMPANY COMMENTS: / N 'cctions to the vecation(a) deeon'bed .hove. 1- o r to b • No objections to the vacatioa(s) desefibod ehwe, provided tollowing descnbed easements are rented (State the location, dimensions, and po<paee below.) • No objoctiots provided the following aonditlons are met ".... -...�/ ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: t Address / location of vacation: LA Adjacent property address: Lot: t Block: REQUESTED VACATION: I have been notified of the petition to vacate the f (lowing ( hey, 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. ❑ 1 do object to the requested vacation because: KIRILHI MIL11.1 annuls February 2006 Page 6 10/30/2007) Dara Sanders - Fwd: Roetzel Page 1 From: Jan Gambill To: Sanders, Darn Date: 10/30/2007 2:49 PM Subject: Fwd: Roetzel fyi and the file. Jan Gambill Senior Planning Clerk City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville AR 72701 479-575-8263 jgambill@d.fay.ar.us >>> "Fred Wizer" dwizer(biobased.net> 10/30/2007 1:14 pm >>> Regarding Lot 46, 1622 East Cypress and request to vacate, or adjust utility easements. Susan and Fred Wizer owners of 1647 Cypress are against this request and ask that Planning Commission deny any and all requests. Regards, Fred E. Wizer 479-466-1768 12.7.07) Clarice Pearman - Ords. 5085-5088 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 12.7.07 5:28 PM Subject: Ords. 5085-5088 Attachments: 5088 Amend 174.10H Monument Signs.pdf; 5086 VAC 07-2758 Bittle.pdf; 5086 VA C 07-2758 ExA.pdf; 5087 VAC 07-2761 ExA.pdf; 5085 RZN 07-82 Sweetser.pdf CC: Audit; GIS Jeremy: Attached is a copy of the above ordinances passed by City Council, December 4, 2007. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice Arkansas Democrat W Gazette 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. 5087 Was inserted in the Regular Editions on: December 12, 2007 Publication Charge: $94.95 Subscribed and sworn to before me This day of p. , 2007. Notary Public (ifl7 My Commission Expires:"�- a< Bents c urly V r o amiss on xp-res **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED DEC 1.3 2007 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Wednesday, December 12, 2007 LOW I VAC 01SS, L SLOT 46 KIETZEL FOR PROP- S T CYPUBOMSSONO SUBDMSIEN TO ANYINAL OF ON A TOTAL OF 0.06 the Cly Col"ll ha 1M 1: b ee Cly Coato5 Mt. City .o Fayeea'Ns: AAanar hanL, halls See E#Itoe Baachad hereto end made a pan Psad. XI 2: That a copy of this Orcanaics duly certified by the City Clerk an6 with the map attached t and libeled Edtb'A' Nun be Nod In V. oetoe of Sts Rtwder of the Cony and recast.er Dead Raptxds of ete Cony. n 3: That this vacebm approval is subject 10th. Car,Ston Of Approval as idhw% and paid 1 to allso untll the condition Is mat. partly ol the front a back WMy easements shell b vacated. i t ANOOem this 4th day Of Decemter, 2007. OVER: ATTEST: OOON. Naps, OSOSOOA L W$ City OleatfllaaprNM t A In a map and may be viewed kr the calm of the City O.gWtraaaurer duln6 normal bual EXHIBIT'B' VAC 07-27e1 CMAALESTON R.RECORD 16 W Exhibit "A" *' 4 EXHIBIT "A" Nc- 0-1-t%t (aat;T}�1.) RS= J CYPRESS LN RSF-4 Legend EASEMENT Wash Co Parcels (Fayetteville) VAC07-2761 Close Up View Overview S ROETZEL r+ -,F< L7 i ' ,H / . u' SUBJECT PROPERTY A ia. 0 37.5 75 150 225 300 ent puftYM � I r— c1tt1ci1! I. C • ;. may_ I 't Pryl Rk S p ' ¢ • ` • ye(i 1GF 1�i � n Y • 1 �. r� �t�Fx�` )S� ) )I .� I /d . }1�IYryeV111`' } ♦ M i,pp I LI ,lli`�Sf, i I b I np R < r) t !1 •f �II Ytlp I If .I c i # 1 > 06 S.! `�N y yc� �V E ' Y l.! �4 Y i-f lllllt IC ` 4 .. f FI A rr r � < . ,-:y. . i 4 v 1, I S - .4'�..� � } n4 ,•{ LLy i1 �y,� 4. I,f �4Vrl IiL� ,1 � ,. ♦. ll a ��Of�1i1 41 _4C f•" �[ is •�� TR, �i , in0. .✓ 4C I. Doc ID: 011979560003 TVDS: REL Recorded: 02/04/2008 at 11:03:57 AM Fee Amt: $25.00 Paae I of 3 Vashlnaton County. AR Bette Stamps Circuit Clerk F11s2008-00003579 ORDINANCE NO. 5087 AN ORDINANCE APPROVING VAC 07-2761 SUBMITTED BY MIKE AND JULIE ROETZEL FOR PROPERTY LOCATED AT 1626 EAST CYPRESS, LOT 46 OF CHARLESTON PLACE SUBDIVISION TO VACATE A PORTION OF A UTILITY EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 0.09 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 portion of platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit "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 Condition of Approval as follows, and shall not be in effect until the condition is met. 1. No portion of the front or back utility easements shall be vacated. PASSED and APPROVED this 4d' day of December, 2007. APPROVED: ATTEST: cam. c •;FAYETTEVILLE; c 4. • K4 NS ill A COO , ayor S NDRA E. SMITH, City Clerk/Treasurer EXHIBIT "B" VAC 07-2761 A PART OF LOT 46, CHARLESTON PLACE, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD 16 AT PAGE 36, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT WHICH IS N88°36'31"E 4.5' FROM THE NORTHWEST CORNER OF SAID LOT 46 AND RUNNING THENCE S00°50'36"W 90.32', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 330.42'AND A CHORD BEARING AND DISTANCE OF S88°32'38"E 3.00', THENCE N00°50'36"E 90.47', THENCE S88°36'31"W 3.00' TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 02/04/2008 11:03:57 AM and recorded in Real Estate File Number 2008-00003579 Bette Stamps - Circuit Clerk by