HomeMy WebLinkAboutOrdinance 5138 I Doc ID : 012274170003 TVDe : REL
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Washlnaton Countv . AR
Bette Stamos Circuit Clerk
File2008-00016416 .
ORDINANCE NO, 5138
AN ORDINANCE APPROVING VAC 08-2951 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED WEST OF THE INTERSECTION OF
WEDINGTON DRIVE AND SALEM ROAD, TO VACATE A
UTILITY EASEMENT ON THE SUBJECT PROPERTY, A
TOTAL OF 5 ,997 SQUARE FEET.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described 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.
YfOc 06 �p
PASSED and APPROVED this 6t' day of May, 2008. s �; FHYETTEVILtE
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APPROVED: ATTEST: 'oKANSp' o
` uuuwu "
By. By:
D -1GOOD , May r SONDkA SMITH, City Clerk/Tre'asurer
EXHIBIT "A"
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ARKANSAS STATE HIGHWAY 16 -
(WEDINGTON DRIVE)
Emsebme&* Vacation Arft
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EXHIBIT "B"
VAC 08-2951
A PART OF LOT 2 OF ELDER APARTMENTS AS RECORDED IN THE CIRCUIT CLERKS
OFFICE FOR WASHINGTON COUNTY, ARKANSAS, PLAT RECORD 23- 100 AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST
CORNER OF SAID LOT 2 THENCE ALONG THE SOUTH LINE OF SAID LOT 2 SOUTH
87015'30" EAST - 51 .99 FEET TO THE POINT OF BEGINNING, THENCE NORTH 2052'43"
WEST ALONG THE WEST LINE OF AN EXISTING 20 FOOT UTILITY EASEMENT AS
SHOWN ON SAID PLAT RECORD 23- 100 A DISTANCE OF 311 .94 FEET TO A POINT ON
THE NORTH LINE OF SAID LOT 2; THENCE ALONG SAID NORTH LINE SOUTH
87007' 18" EAST - 20. 10 FEET TO A POINT ON THE EAST LINE OF SAID EXISTING 20
FOOT UTILITY EASEMENT; THENCE ALONG SAID EAST LINE SOUTH 2052'43 " EAST
- 311 .89 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG
SAID SOUTH LINE NORTH 87015'30" WEST - 20. 10 FEET TO THE POINT OF
BEGINNING.
City of Fayetteville /l0/d
Staff Review Form S�
City Council Agenda Itemsor
Contracts
6-May-O8
s'�pp�s
�( City Council Meeting Date
Jeremy Pate U ' Planning Operations
Submitted By Division Department
Action Required:
VAC 08-2951 : (Shoppes at Wedington, 401 ): Submitted by McClelland Consulting Engineers for property located west of the
intersection of Wedington Drive and Salem Road. The request is to vacate a utility easement within the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project CategoryName
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
1( - off
Department Date Original Contract Date: n/a
Original Contract Number: n/a
City Attorne
p ,� Received in City Clerk's Office
: Doul. O - r `t - 0 - o8
Finance and Internal Service Director Date
Received 070ryors Office
E
Mayor Date
Comments:
k
City Council Meeting of May 06, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
IIIIIIIIIIIIIIIIIillillilliillillillillillillilI
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: April 16, 2008
Subject: Utility Easement Vacation for Shoppes at Wedington (VAC 08-2951 )
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a utility easement on the
subject property containing approximately 5,997 square feet.
BACKGROUND
The 2.24-acre property is located west of the intersection of Wedington Drive and Salem
Road. The applicant is proposing to develop a one-story retail building containing a total
of 15,750 square feet with 68 parking spaces on the property (Shoppes at Wedington LSD
08-2903).
There is a 20-foot wide utility easement that traverses north-south along the western portion
of the site that needs to be vacated in order to develop the property. The applicant is
requesting to vacate approximately 5,997 square feet of the existing 20-foot utility
easement in the western portion of the site in order to allow the development of the
Shoppes at Wedington on the property.
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 April 14, 2008 and forwarded by vote of 5-0-2 on the
consent agenda to recommend this vacation request to the City Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-2951 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED WEST OF THE INTERSECTION OF
WEDINGTON DRIVE AND SALEM ROAD, TO VACATE A
UTILITY EASEMENT ON THE SUBJECT PROPERTY, A
TOTAL OF 5,997 SQUARE FEET.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described 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 l : 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.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT "A"
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EXHIBIT "B"
VAC 08-2951
A PART OF LOT 2 OF ELDER APARTMENTS AS RECORDED IN THE CIRCUIT CLERKS
OFFICE FOR WASHINGTON COUNTY, ARKANSAS, PLAT RECORD 23- 100 AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST
CORNER OF SAID LOT 2 THENCE ALONG THE SOUTH LINE OF SAID LOT 2 SOUTH
87015'30" EAST - 51 .99 FEET TO THE POINT OF BEGINNING, THENCE NORTH 2052'43"
WEST ALONG THE WEST LINE OF AN EXISTING 20 FOOT UTILITY EASEMENT AS
SHOWN ON SAID PLAT RECORD 23- 100 A DISTANCE OF 311 .94 FEET TO A POINT ON
THE NORTH LINE OF SAID LOT 2; THENCE ALONG SAID NORTH LINE SOUTH
87007' 18" EAST - 20. 10 FEET TO A POINT ON THE EAST LINE OF SAID EXISTING 20
FOOT UTILITY EASEMENT; THENCE ALONG SAID EAST LINE SOUTH 2°52'43 " EAST
. 311 .89 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG
SAID SOUTH LINE NORTH 87015'30" WEST - 20. 10 FEET TO T14E POINT OF
BEGINNING.
� 1 .
Ta �� PC Meeting of April 14, 2008
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: AV41- 8A8 Updated April 16, 2008
VAC 08-2951 : (SHOPPES AT WEDINGTON, 401): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at N & W OF WEDINGTON AND
SALEM ROAD, W OF THE BANK OF THE OZARKS. The property is zoned C- 1 ,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The
request is to vacate a 5,997 square feet of a utility easement within the subject property.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The 2.24-acre property is located west of the
intersection of Wedington Drive and Salem Road. The applicant is proposing to 'develop
a one-story retail building containing a total of 15,750 square feet with 68 parking Spaces on
the property (Shoppes at Wedington LSD 08-2903). There is a 20-foot wide utility easement
that traverses north-south along the western portion of the site that needs to :be vacated in
order to develop the property.
Request: The applicant is requesting to vacate 5,997 square feet of the existing 20-foot
utility easement in the western portion of the site in order to allow the development of the
Shoppes at Wedington on the property. An exhibit showing the proposed vacated area
has been provided by the applicant and is attached to this report.
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 Objections
K:\Reports12008V'C Report\07-April HVAC 08-2951 (Shoppes at Wedington).doc
Arkansas Western Gas No Objections
AT&T Arkansas No Objections. The signed
concurrence must be recorded at the
Washing County Circuit Clerk.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Recommendation: Staff recommends forwarding VAC 08-2951 to the City Council
with a recommendation of approval to vacate the easements as depicted herein with the
following condition:
1 . The utility easement vacation concurrence signed by AT&T must be recorded at
the Washington County Circuit Clerk. (ReceivedApril 15, 2008)
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission.Action: Forwarded ❑ Denied O . Tabled
Date: April 1.4, 2008
Motion: Graves
Second: Winston
Vote: 5-0-2 (Lack and Trumbo recused)
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
KAReports\2008\PC Reports\07-April 14\VAC 08-2951 (Shopper at Wedington).doc
l
MCCLELLAND 1810 N. College Avenue
P.O. BOX 1229
MCECONSULTING Fayetteville, Arkansas 72703172702- 1229
ENGINEERS, INC. PHONE: 479-443-2377
o'eu:cH'en ;-r"o ,"tiuN,c :+ FAX.' 479-443-9241
March 4, 2008
City of Fayetteville
Planning Division
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Lot 2 Elder Apartments, Wedington Drive
Easement Vacation Request
(LSD 00-2903, Wedington Retail Center)
Dear Planning Staff,
Submitted for your approval is an easement vacation request for the above-mentioned
project. Our client, Bank of the Ozarks is seeking to have the easement in question
vacated (please see attached supplemental information). In accordance with the easement
vacation application checklist, I have included the following with this submittal:
application fee, legal description of easement to be vacated and corresponding survey,
abstractor's certificate of ownership, two sets of mailing labels, copy of the plat of
record, and a petition to vacate. Notification of this request has been sent to the adjacent
property owners via certified mail.
As comments from the governing utility companies arrives, I will forward them along to
the Planning Division at my earliest available opportunity.
Please review the attached information and let me know if you have any
questions/concerns, or need any additional information at this time.
Sincerely,
Leslie Munzner
McClelland Consulting Engineers, Inc
443-2377
munznerCMcClell and-engrs.com
January 25, 2008
City of Fayetteville
Planning Commission and City Council
113 West Mountain Street
Fayetteville, Arkansas 72701
RE:
Petition to Vacate an Easement
Located in Lot 2 of Elder Apartments
City of Fayetteville, Arkansas
We, the undersigned, being all the owners of the real estate abutting the easement
hereinafter sought to be abandoned and vacated, lying in Lot 2 of Elder Apartments, City
of Fayetteville, Arkansas, a municipal corporation, petition o vacate an easement which is
described as follows:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerks Office for
Washington County, Arkansas, Plat Record 23 - 100 and being more particularly described
as follows: From the Southwest Corner of said Lot 2 thence along the South line of said
Lot 2 South 87 degrees 15 ' 30" East — 51 .99 feet to the POINT OF BEGINNING, thence
North 2 degrees 52' 43" West along the West line of an existing 20 foot utility easement
as shown on said Plat Record 23- 100 a distance of 311 .94 feet to a point on the North line
of said Lot 2; thence along said North line South 87 degrees 07' 18" East — 20. 10 feet to a
point on the East line of said existing 20 foot utility easement; thence along said East line
South 2 degrees 52 ' 43 " East — 311 .89 feet to a point,on the South line of said Lot 2;
thence along said South line North 87 degrees 15 ' 30" West — 20. 10 feet to the POINT
OF BEGINNING.
That the abutting real estate most directly affected by the abandonment of the easement
are Lot 1 & 2 of Elder Apartments, City of Fayetteville used by the public for a period of
many years, and that the public interest and welfare would not be adversely affected by
the abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas abandon and vacate the above
described real estate, subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting
property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of
the City of 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 from the easements of the public for the use of said
easement.
Dated this 75 day of 5 vary ,20 08
Jack t!cCray
Name
Name
Signature
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: March 3, 2008
Utility Company:
Applicant Name: MCE I Bank of the Ozarks Applicant Phone: 4-ji 443.2.31:1
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")
(ATTACH legal description and graphic representation of what is being vacated -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 Company Representative
s c e i eoN
Title
Page 5
at
o l&` } Lynda Palmer AT&T Arkansas T: 501.373.5255
Manger -Engineering (ROW) 1111 West Capitol F: 501.373.0229
Right -of -Ways Joint Use Poles Room 941 lynda.palmer@att.com
Little Rock, AR 72201
VOLG . RECEIVED APR m 2 2008
April 1, 2008
McClelland Consulting Engineers, Inc.
Attn: Leslie Munzner
1810 North College Avenue
Fayetteville, AR 72701
Dear Ms. Munzner:
RE: easement release - Wedington Retail Center - Fayetteville
Please find enclosed AT&T's concurrence in your request to the above
mentioned utility 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,
P
attachments
USA
v an..a tar»:m;ni U.S JU,,<r,.
at&t
Y ate'
CONCURRENCE TO VACATE
A DEDICATED UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone Company, d.b.a.
AT&T Arkansas, hereby concurs in the release of its interest in a dedicated utility easement
located in the City of Fayetteville, Washington County, Arkansas, to -wit:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerk's Office for
Washington County, Arkansas, Plat Record 23-100 and being more particularly described as
follows: From the SW corner of said Lot 2, thence along the south tine of said Lot 2 South
87° 15'30" East - 51.99 feet to the POINT OF BEGINNING; thence north 2° 52'43" West along the
west line of an existing twenty foot utility easement as shown on said Plat Record 23-100 a
distance of 311.94 feet to a point on the north tine of said Lot 2; thence along said north tine
South 87°07'18" East - 20.10 feet to a point on the east line of said existing twenty foot utility
easement; thence along said east tine South 2°52'43" East - 311.89 feet to a point on the south
line of said Lot 2; thence along said south line North 87°15'30" West - 20.10 feet to the POINT
OF BEGINNING.
Signed and executed this 31st day of March, 2008.
Davis
/Construction
CORPORATE ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this the 31" day of March, 2008, 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
Bell Telephone Company, 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 considerations therein expressed
,fpdheith;due authority.
whereof I hereunto set my hand and official seal.
PuBLIG
It' •.:'k it:::.
(�
')S)V PARED BY GRANTEE
L da E. Sommerfeldt Palmer
Notary Public in & for Faulkner Co.,
My commission expires August 10, 2011
AT&T Arkansas, 1111 West Capitol, Rm. 941, Little Rock, AR 72201 (501-373-5255)
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 03/31/08
UTILITY COMPANY: Southwestern Bell Telephone Co. d.b.a. AT&T Arkansas
REQUESTED VACATION: UTILITY EASEMENT
I have been notified of the petition to vacate the following right-of-way for the Wedington Retail
Center in Fayetteville.
Described as follows:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerk's Office for Washington
County, Arkansas, Plat Record 23-100 and being more particularly described as follows: From
the SW corner of said Lot 2, thence along the south line of said Lot 2 South 87°15'30" East -
51.99 feet to the POINT OF BEGINNING; thence north 2°52'43" West along the west line of an
existing twenty foot utility easement as shown on said Plat Record 23-100 a distance of 311.94
feet to a point on the north line of said Lot 2; thence along said north line South 87°07'18" East —
20.10 feet to a point on the east line of said existing twenty foot utility easement; thence along
said east line South 2°52'43" East — 311.89 feet to a point on the south line of said Lot.2; thence
along said south line North 87°15'30" West -20.10 feet 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:
LyhSommerfeldt Pal er, Mgr.-Engr. (ROW)
Arkansas V4�stern:Gas
V ' Company
A subsidiary of Southwestern Energy Company
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,
ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: Tuesday, March 11, 2008
UTILITY COMPANY: Arkansas Western Gas
APPLICANT NAME: MCE / Bank of the Ozarks APPLICANT PHONE: (479) 443-2377
REQUESTED VACATION:
❑ Street
0 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:
Legal description provided by MCE. Arkansas Western Gas would like to make MCE and Bank of
he Ozarks aware of two pipelines that run along the easement just to the North of Wedington Drive.
kAWG currently has a 4" steel High Pressure and a 3" plastic distribution line located in this area.
hese were not noted on your survey map. Please be aware of these lines during future planning
nd development.
UTILITY COMPANY COMMENTS:
❑X 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.
Steven R. Bandy Fayetteville Assistant Operating Manager
Mar. 5. 2008 1: 33PM 1 No. 4696 P. 2
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date; March 3, 2008
Utility Company: AC? / S ll.(Ls P C d
Applicant Name MCE / Bank of the Ozarks Applicant Phone: +}l1.44 3 Id,,-}
REQUESTED VACATION (appUamt must dhtck all that apply):
Utility Easement
flRight-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)
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS: bA
jNo objections to the vacation(s) described above.
IINo 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
OF WAY •A - e LAN r
Title
Pages
@3/17/2008 11:06 479443? 1
MCCLELLAND BIG " ' .FRS
Fl 08264
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
PAGE
MAR 1 7200g
02
p -F
C -LTA
Date: March 3, 2008
Utility Company: &d� L)oo*Wr rnh p l.U,-, c
Applicant Name.*•yMCE'I B_anklofdhe°OzarksApplicant Phone. 411 • 443 'L31-7 ..8tic.. .nw.. '-Ni
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
Q Street right-ofway
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows
General location I Address (referring to attached document- must be completed)
(ATTACH' legal description andgraphic representation of what is being vacated -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
Pare S
04/08/2008 TUE 7:12 FAX 479
1 4730 WATER & SEWER
O001O
Date: March 3, 2008
VC ko:
4+13Ct1i)1
UTILITY APPROVAL FORM
FOR RIGHT- OP- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Utility Company: ��l�lill� Ws. .JcaaC
Applicant Name MCE I Bank of the Ozarks Applicant Phone: 4"jry• 4+}g •Z3}q
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
QRight-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
0 fey
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 I Address (referring to attached document- must be completed")
(ATTACH legal description and graphic representation of what is being vacated -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:
Title
Page 5
03/10/2008 13:43 479443i . MCCLELLAND ENC 9'RS
03/06/2008 THU 12:01 FAX 479 4x; 1478 COF SOLID {PASTE & RECYCL
PAGE @2
I002/0O4
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAX. ALLEY, AND
an nn EASEi.fsNT VACATIONS
nate: March 3, 2000
Utility T,�CW �4 N�Y'� � �6 �r 1•'^tt 4 3,e ^�-kt�
S'E.. t C ofdg x Applicant Phone.
R6QUE$flfl VACATION (applvxtnl matt dteckall tat apply):
NO lldlit), Eutntent
QRigi*ot.dway for alley or sbaets and all utility eaxmems lots c l within to Yacattq tight-
of- way.
Alley
Street rigltct(-yay
lime been notified of the to vacate the foUnwing (alley, eaaemezu, right-of-way)4 desertbedas follows
General location / Address (referring to attached ducaatettt. most be connpkted•')
(Atttcyf legal desaipeioa and graphic representation of what is being vacfl 4-s fR VEn
UTILIry COMPA V COMMENT
No objections to Q. vacallon(s) described above.
No objections to the vacation(s) described above, provided following described caaern6tltS
are reatned. (State the locaBoa, dimensons, and purpose be)ow.)
03/12/2008 12:55 4794439?41
MCCLELLAND ENr"YEERS
PAGE 02
03/11/2008 14:16 FAX 4784443490
C0F TRAjccSPORTATION DIVIS
wY� GR
3 � a �1 • '� IFrQ� ..I m";
UrnM APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILLIY EASEMENT VACATIONS
Date: Mardi 3.2008
Irililty Comp � { _L } R ii,3 `r A •� • "� l �y�a
.II. , b:biarlce` AppE®ttt Otte _ YAK
App4cgttNaasc 4t�I
ItEQUESTEO VACATION (appV it must dude all that aypty);
® Utility Easeaaect
ORight-of-way for alley or steels and eff utility eeeeatents located withft the vacated ri*t-
of` way.
Afle9
QStreet right-p€way
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ARKANSAS STATE HIGHWAY 16
(WEDINGTON DRIVE) N.
Ease,neJP Vacati.n Are
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IS PLAT. MS SURVEY OX$ NOT
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LOT 2 XMG PMT Of ME Swill U THE NNI/C C! SECTION 7. TOWNSHIP 16
NORM,P.WGE M WEST, LVA5NINQTOI QOIRY, ARfliSAS MORE P.aTnILL,
DESCRIBED AS L0W5:
%GINNING AT AN IRON PIN MTMD AT ME tQRM WESTC IEROf SAID LOT}:
THENCE ssrori to%05 FEET TD A FUND Nan PM: TRNQ S0r41,9W
398.]3 RU TO AN IRON PIN TgMD Cl ME NORTH RIQROr.wAY LINE Of
ARKANSAS STATE HIGHWAY I6 (WCDINGTON DRM( AS Of9 IBEO M COMMENT
2006.19316; THENCE ALONG SAID NORM RIGM#WAV LINE NBPOSADW 19&W
PELT W A TpJC NON PIN: TNENOE DEPARTWG SAID MMM RICARCFWAY LINE
NOTSDOTE 39GID IEET TO ME POINT Of GINNING. FIITAINING 3.10 AIRES.
MORE OR LESS. sUBrECT F ANY USEMENTS CP/ENURS DR RISINICTIONS Of
RECORD DR TACT.
THIS RMEATY 15 not L ATW WONµ—aIE NTtY ISIMIbfo
L -ttAk N0000 O.Ut AS wT AnfED•YStU VL M NA I1GMt OLUD
COUNTY, MorAdat RDM OBIIIUQtAll MVW♦wAIX11Le1
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VAC08-2951 WEDINGTON RETAIL
'One Mile View
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.
Legend
C Hillside -Hilltop O erlay District
0.®510.2
o� Miles
VAC08-2951 WEDINGTON RETAIL
Close Up View
SUBJECT PROPERTY
Overview
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(5.08) Clarice Pearman - Ords. 5133, 5134, 5138 &'5143 Page 1)
From: Clarice Pearman
To: Pate, Jeremy
Date: 5.9.08 5:35 PM
Subject: Ords. 5133, 5134, 5138 & 5143
Attachments: 5133 RZN 08-2937 Mountain Ranch.pdf; 5134 C-PZD 08-2894 Park Centre.pdf; 51
38 VAC 08-2951 Shoppes.pdf; 5143 ADM 08-2938 Pratt Place Inn Appeal.pdf
CC: Audit; GIS
Jeremy:
Attached is a copy of the above ordinance passed by City Council, May 6, 2008. Please let me know if there is anything
else needed for these items. Have a good day,
Thanks.
Clarice
Arkansas Democrat Sazette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville —Ordinance 5138
May 14, 2008
Publication Charge : $94.95
Subscribed and sworn to before me
This /5 day of %n7 , 2008.
Notary Public _eLL)s2l2( i1_.G
My Commission Expires: .S `6 - a d /2
Do not pay from Affidavit, an invoice will be sent
RECEIVED
MAY 19 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
e ORDINANCE NO.5138
AN ORDINANCE APPROVING VAC 082951 SUB- c.
NETTED BY MOIE DLO CONSULTING WEST ENGI-
NEERS FOR CPROPERTYOFW LOCATED WEST OF TND-r- 71
INTERSECTION OF WEDINGTON DRNE AND
SALEM ROAD. TO VACATE A UTILITY Y EASEMENT.),
k
ON THE SUBJECT PROPERTY, A TOTAL OF 5,997 All KANSAS
SQUARE FEET. , - t «- I
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds
a portions thereof which are not recruited for corporate purposes; and
WHEREAS, the City Council has determined that the following described platted utility easement
Is not required for corporate purposes; - Y@1 tt 1 4 T {. -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARNANSASI
Section 1: That the City Council of the City of FayetlevTe. Arkansas hereby vacates and abandons
the following described utilty easement: 1
= See Exhibit'8 attached hereto and made a pen hereof.:
Section 2: That a copy of this Ordinance duly codified 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 record-
ed In the Deed Records of the County. 1
PASSED end APPROVED this 6th day of May, 2008.e e i
a
APPROVED: ATTEST:
By: - - By:
DAN GOODY, Mayor SONDRA SMITH, City Ctarlr/haasurer ' r
Exhibit A is e'map and may be viewed In the office of the City CIerWReesurer during normal busi-
ness hours.
EXHIBIT'B"
VAC 08-2951
A PART OF LOT 2 OF ELDER APARTMENTS AS RECORDED IN THE CIRCUIT CLERKS OFFICE FOR
WASHINGTON COUNTY, ARKANSAS, PLAT RECORD 23-100 AND BEING MORE PARRCULARLY
DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID LOT 2 THENCE ALONG
THE SOUTH UNE OF SAID LOT 2 SOUTH 67'1530' EAST - 51.99 FEET TO THE POINT OF BEGIN-
NING, THENCE NORTH 2°5243' WEST ALONG THE WEST LINE OF AN EXISTING 20 FOOT UTIL-
TTY EASEMENT AS SHOWN ON SAID PLAT RECORD 23100 A DISTANCE OF 311.94 FEET TO A
POINT ON THE'NORTH UNE,-OF-SAID LOT 2; THENCE ALONG SAID NORTH LINE SOUTH
87°07'18'IEAST- 20.10 FEET TO A POINT ON THE EAST LINE OF SAID EXISTING 20 FOOT UTILI-
TY EASEMENT; THENCE ALONG SAID EAST UNE SOUTH 2°5243' EAST - 311.89 FEET TOA
P'?INT ON THE SOUTH LINE OF SAID LOT 2; THENCE ALONG SAID SOUTH LINE NORTH
8)°15'30' WEST - 20.10 FEET TO THE POINT OF BEGINNING. - -- . - 1
RECEIVED
MAY 19 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE