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HomeMy WebLinkAboutOrdinance 5169 Doc 10 Recorded : 08/28%20080atr11B16R51 AM Fee Amt : SS0. 00 Pace 1 of 4 Wa6l1noton Countv , AR Bette Stamps Cl rcuit Clerk Flle2008-00028644 ORDINANCE NO, 5169 AN ORDINANCE APPROVING VAC 08-3042 SUBMITTED BY ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS, INC. FOR PROPERTY LOCATED NORTH OF RESEARCH CENTER BOULEVARD AND WEST OF SOUTH SCHOOL AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT AND A PORTION OF A DRAINAGE EASEMENT. 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 water/sewer and drainage 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 water/sewer and drainage 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 . The applicant shall coordinate with the Water and Sewer Division for installation of the new waterline and shall dedicate an associated water and sewer easement prior to the vacation of the existing water and sewer easement. 2. The applicant shall reroute the drainage on the subject property and dedicate an associated drainage easement at the time of development. Page 2 Ord. No. 5169 c`� a .\SY 0" •G� PASSED and APPROVED this 19th day of August, 2008. �: FAYETTEVILLE APPROVED: ATTEST: GTOtA ys,q,QkANSP�:�� Af "Jaumuw" By: By: DAN COODY, Mayor SO DRA E. SMITH, City Clerk/Treasurer 1C Exhibit "A" UA Research Center Vacation VAC 08-3042 Drainage Easement Subject F"roperty Water and Sewer Easement Legend ® VAC08-3042 _ EASEMENT EXHIBIT `B" VAC 08-3042 EASEMENT VACATION DESCRIPTION: (20' DRAINAGE EASEMENT, INST.# 97065793) A PART OF THE SE1 /4 OF THE SWIA AND PART OF THE SWI/4 OF THE SETA OF SEC. 21 , T 16 N, R 30 W. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SEIA OF THE SWIA OF SEC. 21 ; THENCE S 87020139" E, A DISTANCE OF 1075.61 FEET; THENCE N 02°39'21 " E, A DISTANCE OF 589. 19 FEET SOUTHWEST CORNER OF A TRACT DESCRIBED AT W.D.# 2006- 1012; THENCE N 09°33' 18" E ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 236.49 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 09033' 18" E ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 41 . 11 FEET; THENCE N 38°39'44" E, A DISTANCE OF 329.80 FEET TO THE NORTHERLY LINE OF SAID TRACT; THENCE N 83°25' 18" E ALONG THE NORTHERLY LINE OF SAID TRACT, A DISTANCE OF 28.40 FEET; THENCE S 38°39'44" W, A DISTANCE OF 385.89 FEET TO THE POINT OF BEGINNING. EASEMENT VACATION DESCRIPTION: (PART OF 20' WATER/SEWER EASEMENT, BK 726, PG 451) A PART OF THE SETA OF THE SWI /4 OF SEC. 21 , T 16 N, R 30 W. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SEI /4 OF THE SWIA OF SEC. 21 ; THENCE S 87020'39" E, A DISTANCE OF 1075 .61 FEET; THENCE S 02°39'21 " E, A DISTANCE OF 589. 19 FEET TO THE SOUTHEAST CORNER OF TRACT A, BK 1022, PG736 WHICH IS THE POINT OF BEGINNING; THENCE S 86°59'23 " W ALONG THE SOUTHERLY LINE OF SAID TRACT A. A DISTANCE OF 20. 13 FEET; THENCE N 09033118" E, A DISTANCE OF 203 .62 FEET; THENCE S 80°26'42" E, A DISTANCE OF 20.00 FEET TO THE EASTERLY LINE OF SAID TRACT A; THENCE S 09033' 18" W ALONG THE EASTERLY LINE OF SAID TRACT A. A DISTANCE OF 201 .33 FEET TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 08/29/2008 11 : 18:51 AM and recorded in Real Estate File Number 2008-000286 4 Bette Stamps - Circuit I by City of Fayetteville Staff Review Form SSI�9 �DQ$ City Council Agenda Items and Contracts, Leases or Agreements 7 6/19/2008 tall A5igamh A City Council Meeting Date C.41, 'r �Q Agenda Items Only Jeremy Patez§ Planning Operations Submitted By Division Department Action Required: VAC 08-3042: (IJ of A Research Center, 600): Submitted by Allen Jay Young Development Consultants, Inc. for property located north of Research Center Boulevard and west of South School Avenue. The request is to vacate a portion of the water and sewer easement and a portion of the drainage easement on the subject property. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department ire r Date �j Original Contract Date: Original Contract Number: ttorney Date eeyr�, ity C� ` 1 4)..A 0. ,m a k •6e Jerk's Offia X I—rl X Finance and Internal Service Director Date U lJ c� Received in ENTERED r° Mayor's Office Mayor Date Comments: Revised April 16, 2007 �f City Council Meeting of August 19, 2008 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: July 31 , 2008 Subject: Easement Vacation for UA Research Center (VAC 08-23042) RECOMMENDATION Staff recommends approval of an ordinance vacating a portion of a water and sewer easement and a portion of a drainage easement on the subject property. BACKGROUND The subject property is located on the University of Arkansas South Campus at the Research Center Boulevard and South School Avenue intersection, north of Cato Springs Road. The 20' drainage easement, located at the northwest corner of the 4.54-acre property, contains a storm drain and drainage channel. The 20' water and sewer easement, located along a portion of the western boundary of the property; was intended for a waterline to serve a building located on the adjacent property, also owned by the University of Arkansas; however, the waterline is not located within the existing easement. DISCUSSION Notification was provided to the City with no objections to the requested water and sewer easement and drain easement vacation. This item was heard at the regular Planning Commission meeting on July 28, 2008 and forwarded by vote of 5-0-1 on the consent agenda to recommend this vacation request to the City Council. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-3042 SUBMITTED BY ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS, INC. FOR PROPERTY LOCATED NORTH OF RESEARCH CENTER BOULEVARD AND WEST OF SOUTH SCHOOL AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT AND A PORTION OF A DRAINAGE EASEMENT. 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 water/sewer and drainage 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 water/sewer and drainage 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 . The applicant shall coordinate with the Water and Sewer Division for installation of the new waterline and shall dedicate an associated water and sewer easement prior to the vacation of the existing water and sewer easement. 2. The applicant shall reroute the drainage on the subject property and dedicate an associated drainage easement at the time of development. Page 2 Ord. PASSED and APPROVED this day of 2008 . APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH ; City Clerk/Treasurer Exhibit "A " UA Research Center Vacation VAC 08-3042 Drainage Easement Subject roperty Water and Sewer Easement -- RESCH-C-ENTE B V Legend VAC08-3042 EASEMENT EXHIBIT `B" VAC 08-3042 EASEMENT VACATION DESCRIPTION : (20' DRAINAGE EASEMENT, INST.# 97065793) A PART OF THE SE1 /4 OF THE SW1 /4 AND PART OF THE SW1 /4 OF THE SE1 /4 OF SEC . 21 , T 16 N , R 30 W , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SE1 /4 OF THE SW1 /4 OF SEC. 21 ; THENCE S 87°20'39" E, A DISTANCE OF 1075 .61 FEET; THENCE N 02039'21 " E, A DISTANCE OF 589. 19 FEET SOUTHWEST CORNER OF A TRACT DESCRIBED AT W. D.# 2006-1012 ; THENCE N 09°33' 18" W ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 236.49 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING N 09°33' 18" W ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 41 . 11 FEET; THENCE N 38°39'44" E , A DISTANCE OF 329 .80 FEET TO THE NORTHERLY LINE OF SAID TRACT; THENCE N 83025'18" E ALONG THE NORTHERLY LINE OF SAID TRACT, A DISTANCE OF 28.40 FEET; THENCE S 38°39'44" W, A DISTANCE OF 385 .89 FEET TO THE POINT OF BEGINNING . EASEMENT VACATION DESCRIPTION : (PART OF 20' WATER/SEWER EASEMENT, BK 726, PG 451 ) A PART OF THE SE1 /4 OF THE SW114 OF SEC. 21 , T 16 N , R 30 W , BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SEI /4 OF THE SW1 /4 OF SEC. 21 ; THENCE S 87°20'39" E, A DISTANCE OF 1075.61 FEET; THENCE N 02°39'21 " E, A DISTANCE OF 589. 19 FEET TO THE SOUTHEAST CORNER OF TRACT A, BK 1022 , PG736 WHICH IS THE POINT OF BEGINNING ; THENCE S 86059'23" W ALONG THE SOUTHERLY LINE OF SAID TRACT A, A DISTANCE OF 20. 13 FEET; THENCE N 09°33' 18" W, A DISTANCE OF 203.62 FEET; THENCE S 80026'42" E, A DISTANCE OF 20.00 FEET TO THE EASTERLY LINE OF SAID TRACT A; THENCE S 09°33' 18" W ALONG THE EASTERLY LINE OF SAID TRACT A, A DISTANCE OF 201 . 33 FEET TO THE POINT OF BEGINNING . I \r [ PC Meeting of July 28, 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: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: AA)L- 008 Updated July 29, 2008 VAC 08-3042: (U OF A RESEARCH CENTER, 600): Submitted by ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS, INC. for property located at N & W OF RESEARCH CENTER BLVD. AND S. SCHOOL AVENUE. The property is zoned I-1 , HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.54 acres. The request is to vacate portions of water/sewer and drainage easements. Planner: Dara Sanders Findings: _. Property Description: The subject property is located on the University .of Arkansas South Campus at the Research Center Boulevard and South School Avenue. intersection, north of Cato Springs Road. The 20' drainage easement, located at the northwest comer of the 4.54-acre property, contains a storm drain and drainage channel. The 20' water and sewer easement, located along a portion of the western boundary of the property, was intended for a waterline to serve a building located on the adjacent property, also owned by the University of Arkansas; however, the waterline is not located within the existing easement (see attached map). Request: The applicant is requesting to vacate the existing drainage easement and reroute the drainage to an alternative location. The applicant also requests to vacate the water/sewer easement and to relocate a portion of the waterline. The required notification forms have been submitted to the City with the result summarized below. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objection — Do not vacate until the new water main is in service and the new easement has been dedicated. Engineering No Objection KAReports\2008TC Reports\14 - July 28\VAC 08-3042 (UA Research Center).doc Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3042 to the City Council with a recommendation of approval with the following conditions of approval: 1 . The applicant shall coordinate with the Water and Sewer Division for relocation of the waterline and shall dedicate an associated water and sewer easement prior to the vacation of the existing water and sewer easement. 2. The applicant shall reroute the drainage on the subject property and dedicate an associated drainage easement at the time of development. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled Date: July 28, 2008 Motion: Graves Second: Cabe Vote: 5-0-1 K1Rcports\2008\PC Reports\14 - July 28\VAC 08-3042 (UA Research Center).doc UA Research Center Vacation Request VAC 08-3042 r -I,--- -- - H __ ___ H -- ------- RFCFAR'H fENIER BLVD PUBLIC 659 - Z 0 0 Z z r 4 ' Legend Gravity Main Pressurized Main (W^) EASEMENT Wash Co Parcels (Fayetteville) UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: July 23, 2008 UTILITY COMPANY: City of Fayetteville Engineering Division APPLICANT NAME: University of Arkansas _ APPLICANT PHONE: 575.8411 REQUESTED VACATION (applicant must check all that apply): utility£tttent twain E,,St-n'- i— 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, ight-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-SURVE)) 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: ,SST &7' 6&k4 Title a as UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: (Q/li/o I UtilityCompany: 6,-ty of Fayiefi'e✓.//e ta./afei c.,d ie,✓er I ^ 6 Applicant Name: (,J ,Veis,�ty of /`fI_Aai/SaS Applicant Phone: 575-d°5t/I 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 (eliey, asement r1ghof v"T), described as follows: General location I Address (referring to attached document- must be completed"") /S..ae E4SOM e,1 (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: "OO VAckV4O OT1TfL %,XW WaTCrt. MkJN TS'tw Srk&Vte.A WY6M EAcy—#EwVT VJI . LhAI,Cr& a Page 5 a Written request and narrative to accompany petition packet to vacate a Drainage Easement and a Water/Sewer Easement located on lands owned by the University of Arkansas, within the City of Fayetteville, Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the University of Arkansas, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate a Drainage Easement and a Water/Sewer Easement located wholly within the University of Arkansas property lying north of Cato Springs Road and West of South School, within the City of Fayetteville, Arkansas. The easements are located north of Research Center Blvd (old 20i° Street). The only landowner abutting and affected by the vacation of the easements is the University of Arkansas. The Drainage Easement (Instrument #97065793) is for a storm drain and drainage channel that drains a parking area into the existing stream. The University of Arkansas is preparing to develop the area and will be removing the storm drain and drainage channel. The drainage will be re-routed through a new drainage system at a different location. If necessary, a new drainage easement will be dedicated at that time. The Water/Sewer Easement (Bk 726, Pg 451) is for a waterline that serves a building on the University of Arkansas property. The waterline currently is not located within this easement. The area that is to be developed will extend over a portion of the existing easement. The new development will require that a portion of the waterline be re -located to a different location. If necessary, a new drainage easement will be dedicated at that time. By vacating the Drainage Easement and the Water/Sewer Easement, the owner would benefit, and no other landowner would be adversely affected. The Drainage Easement and the Water/Sewer Easement are not a part of any dedicated public right of way and have not been used by the public. The public interest and welfare would not be adversely affected by vacating the easement Included in the Petition Packet is: 1 Application and Payment of applicable fees for processing the application $200.00. 2 Legal description and exhibit map of area to be vacated. 3 This written description. 4 Names and addresses of adjacent property owners not required as the petitioner is the only affected landowner. Mailing labels not required. 5 A copy of the plat on record in the county assessor's office with the owner's name and parcel number of each adjacent property shown on a scaled up version of the. 6 Petition to vacate the Drainage Easement and Water/Sewer Easement. 7 Written notification of all owners of property adjacent to the easement to be vacated not required. 8 Comments from utilities companies were not required for this filing since no utility company has easement rights except City of Fayetteville, as advised by Andrew Gamer at a pre -planning meeting on June 18, 2008. 9 Comments from Fayetteville City Utilities. Allen Jay Young , e m t Consultants, Inc. c •1 VAC08 3042 U OF A RESEARC! CENTER One Mile View P-1 RW,,D o .s SIDNE Sr RAiJC AO R_o -1 R-0 RMF.N MFZ4R a P P -I t. RSF4 _ RMP24 R9F-8 RSF-4 .FF RSF8 M 13Mi 24 C2- PI Pl yytV NEP1 y .I - H 4 4RAF-N RLF 24 @ q :4F RW-24 4� PM r Rd - t RAF24 a RA/.24 RA eff 24. P-1 - RAFJO LI - t. .r r RAF 2d u Gz a .N c 2 O4 -- pJ2 G2 ``P t AGO � T TR SA RAF 24 R d RSFI AT _ ,i Gs R 44CI 0.... WWI: 6' K ' RSFA R3a 1d gWapWJ a o, :- RMF 24 RMF 24 RW-24 P RSF! y, . m If) �.VISO RAF24 �RAF24 GT ` Q v L: RAF-24 L1 RW 24 P -I • RPZD + 2RAF-24 >.S-24 RPZD PSFd.; 1-2 MPJ 1 I Re7z. I GT RAF34RAF�0 £ r1 RW-24= RMF-2d RSF RPZD RMF24 - i�F 24 FH5 olr�- RAF -24 RPZD FI OF.T4 PO c RARA i I-1 Rif -24 q RA 5 RMF 24 • pP 1° Pc P.1 7 _RAf.24 RMF-24 IRAf.24 .v lv nTp l :Av _ G U 1.1 A2 C 1:'n q- RMi20 -. a e - RAF -24 ^-142 RAF -24 a p RMF24 RMF-241 _ .rn�- 6 T• PM -24 - RSFJ 1.2 RMF I-0 RAF -24 He RF, W r RMF 24 2d '�9Fi. -24M-24 s , CQ IJnl:i _ 3.n a� 7 SUBJECT PROPERTY RAF.24 iRW,4 G2 iC.I g RP RAFs4<' 2., o r ,nD RMF-24 yP RSFJ ¢ j RA a m OF 2 N f1AF-�fAFN W C"2 -24 _ ` a _RAF I ^ 0.1 c RAF2d PMF.24 RAF -2 i RAF -N z aAAl l o RA Fa Rpt-24: RSF♦ -1 s V �.. IF -I RSF-4 .,R RAF -24 %% , M 44 • - -t Cl 11 GI _. ;cRSF-I RPZD - RSF- •i. ro C-i ., 01 RAF -24 —11 HI.1 RSFJ= 1-1 RMF-2d RT-12 -t A r5- ` ...'°:qq5 R[}(y ,. 1lI N'i5 Ep[_ C-2 { C2 '- I RSF,l 4 12 L. bl 2 C 2 S -A R 4 bl -1 OR I- a i RA I Overview N -A RSF- C3 ...1 cS FiC2 i FT -R I RA Rp 24 R!F-N V2 Pi< • 1 i C A • MOPS R1 1� �9 OR 4 RSFA RSF4 R A G2 Legend Subject Property JJ VAC08-3042 Boundary A_A�4 Planning Area Overlay District Outside City Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les 8.25.08) Clarice Pearman - Ords. 5167 5169, 5170, 5171 Page f From: Clarice Pearman To: Pate, Jeremy Date: 8.25.08 1:07 PM Subject: Ords. 5167, 5169, 5170, 5171 Attachments: 5170 ANX 08-2899 Frank Sharp.pdf; 5169 VAC 08-3042 UofA Research Center.pdf ; 5167 R-PZD 08-2980 Markham Hill Cottage Courts.pdf; 5171 RZN 08-2900 Fran k Sharp.pdf CC: Audit; GIS Jeremy: Attached are the ordinances passed by City Council, August 19, 2008. Please let me know if there is anything else needed for these item. Have a good day. Thanks. Clarice NORTHWEST ARKANSAS EDITION 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 5169 August 25, 2008 Publication Charge : $137.15 Subscribed and sworn to before me Thisfl day of a,.c�(- , 2008. Notary Public S ` �Lnn__ My Commission Expires: In G' Do not not pay from Affidavit, an invoice will be sent UHUINANCG MU. 5169 ui AN ORDINANCE APPROVING VAC 08-3042 SUB- MITTED BY ALLEN JAY YOUNG DEVELOPMENT NORTUFRES, INC. FOR PROPERTY LOCATED OF a TTe NORTH RESEARCH CENTER BOULEVARD AND WEST OF SOUTH SCHOOL AVENUE TO VACATE A PORTION OF A WATER AND SEWER EASEMENT •ARKANSAS AND A PORTION OF A DRAINAGE EASEMENT. 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 ldlowing described portion of the platted water/sewer and drainage 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 at the City of FayetteAlle, Arkansas hereby vacates and abandons the following descdbed water/sewer and drainage easements: See Exhibit `B" attached hereto and made a part hereof. Section Z That a copy of this Ordinance duty 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 record- ed In the Deed Records of the County. I Section 3: That this vacation approval Is sublect to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1. The applicant shall coordinate Mon the Water and Sewer Division for Installation of the new water- line and shall dedicate an associated water and sewer easement prior to the vacation of the exist' trio water and sewer easement. 2. The applicant shall reroute the drainage on the sub)ect property and dedicate an associated drainage easement at the time of development. PASSED and APPROVED this 19th day of August, 2008. APPROVED: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City CI.NITnaaoner ' Exhibit A is a map and may be viewed in the office of the City Clerkflreasurer during normal busi- ness hours. VAC 0&3042 ii EASEMENT VACATION DESCRIPTION: (20DRAINAGE EASEMENT, INST# 97065793) A PART OFTHE SE1/4 OF THE SWI/4 AND PART OF THE SWI/4 OF THE SEI/4 OF SEC. 21, T 16 N, R 30W. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER 1 OF THE SAID SE 4 OF THE S, A OF SEC. OF ; THENCE6P2039SOUTHWEST E, A RNOF 1075.61 FEET; RIBEDE N 0 21"6, A DISTANCE 099.19 FEET LONG EST CORNER OF A TRACT DESCRIBED 2006-1012; F; THENCE N 0 O" E NN WESTERLY LINE CONTINUING SAID0933T, A DISTANCE WEST R FEET N THE POINT OF T.A BEGINNING; DISTANCEThENCE 41 C FEET, IHE C 0N38°3' E ALONG THE CE OF 32 LIEF OFS TOIDT E NOR, A ERLLINOF RAFT; THENCE N 83°2544' E, AL NG THEE OR HEEL FINE OFO SAID TRACT, A F SAID TRACT;,0F ET, THEN83°25'18'EALONG THENORTHERLY.OFL3589 ( .r SAID THE AOFDISTANCE IOF 28A0 FEET; THENCE $ 38°3944' W. A DISTANCE OF 385,89 FEET TO THE POINT OF BEGINNING. .. EASEMENT VACATION DESCRIPTION: (PART OF 20 WATERISEWER EASEMENT, BK 726. PG 451) A PART OF THE SE114 OF THE SWI/4 OF SEC. 21, T 16 N. R 30W. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TS ING67* AT THE SOUTHWEST CORNER OF THE SAID SE1/4 OF THE SW1/4 OF SEC. ; THENCE S r TO '39THE E, A SOUTHEAST TCE OFR1075.61OF FEET; THENCE S 02°39'21 WHICH A IS THE OF PE OF BEGINNING; THENCESH6ASTCORNEANF TRACTSOUTHERLY NOF WHICHATHE POINT DIS- TA THENCE T S 8659'23 09 W ALONG THE OF LINE EE ,SAID H TRACT A, A DIS- EE, A E DISTANCE FEET; 0 FN THE DISTANCE E8'T,AIE OFATACT THENCE S 09°3318' A ALONG OF FEET TO THE 'TRACT ALINETSAID TRACT A: THENCE S POINT WBEGIINN EASTERLY LINE OF SAID TRACT A. A DISTANCE OF 201.33 FEET TO THE POINT OF BEGINNING. t