HomeMy WebLinkAboutOrdinance 5192 Doc
Recorded : 112%09%20080et T71e42R23 AM
Fee Amt : $25 . 00 Paae 1 of 3
Mashlnaton Countv . AR
Bette Stamos Circuit Clerk
F11e2008-00038552
ORDINANCE NO. 5192
AN ORDINANCE APPROVING VAC 08-3108 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3485 W WEDINGTON DRIVE TO
VACATE A PORTION OF A SEWER EASEMENT, A TOTAL
OF 0.33 ACRES.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted sewer easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described sewer easement:
See Exhibit "B" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . Any relocation or damage to existing facilities shall be at the owner/developers expense.
2. A performance bond for the future installation of water and sewer lines to serve the
remaining undeveloped properties shall be submitted and approved by the City Engineering
Department prior to building permit approval.
PASSED and APPROVED this 6 1hday of November, 2008. �.�``� • . • • . .Eqs
too
pc . G9
APPROVED: ATTEST: _r :
'c ; FAYETTEVILLE •
By: By: %vsy e A-A Jam.`:
DAso
N COODY, Mayo j$P�Y1AjR�X/h' /$IXIYYFY,�tt}� Cil�rdc/T eb�Jrkf� ',1,0 SON �� ��•
Deputy City Clerk
EXHIBIT ••A••
WEDINGTO . -bRIVE
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N.T.S.
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10 .O.B. 15' Sanitary Sewer
Imm Easement Vacation Commencing At An Existing Rebar;
InoL010164VE 200.94'
I�tlfj Request (See Inset Thence North 01054'400 East, T30.00
In Feet; Thence South b8°05120" East
O Below) 15.00 Feet; Thence North 01054'40"
z ° East, 955.55 Feet; Thence North
02°3051 " East, 24250 Feet; Thence
South 5716' 45" East, 200.94 Feet
To the Point Of Beginning; Thence
I ----North 02"30'51 " East, 15.00 Feet;
IN - Thence South 57016145" East, T10bi
A Feet; Thence North 02°54'12" East,
Iumi " 155b2 Feet; Thence South 57°05'45"
tr East, 15.00 Feet; Thence South
j UJ 02"54'12" West, 200.18 Feet; Thence
I = North 5?'16' 45" West, "15551 Feet
To The Point Of Beginning Contalning
•t --0.55 Acres More Or Less.
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t S55°05'20"E w O
15.00' n O
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W =m O 55 1°16'48"E TlObl ' z
p O N51016'45"W 755.51 ' cl
d z P.O.B.
15' Sewer Easement, Book 1246, Page 556
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FER5IMMON STREET L
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3 MORRISON SHIPLEY EASEMENT VACATION EXHIBIT ,
i ENGINEERS • SURVEYORS
w.v-z
Fayetteville, Washington County, Arkansas
u vsee•Fin°•
EXHIBIT `B"
VAC 08-3108
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND PART
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN
FRACTIONAL SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. BEING THE PARCEL DESCRIBED PER
SURVEY RECORD #2005-00022480 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING AT AN EXISTING REBAR AT THE SW CORNER OF SAID PARCEL
NORTH 01054'40" EAST, 730.00 FEET; THENCE SOUTH 88°05'20" EAST, 15 .00 FEET;
THENCE NORTH 01054'40" EAST, 955.85 FEET; THENCE NORTH 02°30'31 " EAST, 242.30
FEET; THENCE SOUTH 87° 16' 48 " EAST, 200.94 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 02030131 " EAST, 15.00 FEET; THENCE SOUTH 87° 16'48 " EAST, 770.61
FEET; THENCE NORTH 02°54' 12" EAST, 185 . 82 FEET; THENCE SOUTH 87°05'48" EAST,
15.00 FEET; THENCE SOUTH 02°54'12" WEST, 200.78 FEET; THENCE NORTH 87' 16' 48"
WEST, 785.51 FEET TO THE POINT OF BEGINNING CONTAINING 0.33 ACRES MORE
OR LESS.
Washington County, AR
I certify this instrument was filed on
12/09/2008 11 :42:21 AM
and recorded in RealEsta
File Number 2008-0003
Bette Stamps - Circu le
by
URS
City of Fayetteville Staff Review Form
City Council Agenda Items
and dg -3t 08
Contracts, Leases or Agreements
� re �j-- H-Il1s
11 /4/2008
City Council Meeting Date
Agenda Items Only
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 08-3108: (FOREST HILLS PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property
located at 3485 W WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING
DISTRICT and contains approximately 0.33 acres. The request is to vacate a portion of a sewer easement
contained within the project.
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
` C) �� ' e Previous Ordinance or Resolution #
Department birector Date
Original Contract Date:
17 Original Contract Number:
City ttorney Date
Received in City EN �
Il Q D fl Ips Zo_ � Clerk's Office
Finance and Internal Service Director Date
Received in
C Mayors Office a
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of November 04, 2008 I I P69
Agenda Item Number 61CIa
CITY COUNCIL AGENDA MEMO VAC D8-3108
To: Mayor and City Council
Thru: Gary-Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 14, 2008
Subject: Sewer Easement Vacation for Forest Hills PZD (VAC 08-3108)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a sewer easement on the
subject property.
BACKGROUND
The subject property is located south of the intersection of Wedington Drive and Salem
Road. The 0.33-acre sewer easement is part of an approximately 82.39-acre property that
was rezoned to R-PZD 07-2793 Forest Hills by the City Council on June 03, 2008. A Wal-
Mart Neighborhood Market was included as part of the overall PZD development plan and
was intended to be developed concurrently with street construction and utility installation.
The Planning Commission on October 13, 2008 voted to approve the large scale development
for Wal-Mart and to forward three separate vacation requests to the City Council.
The 15' sewer easement contains an 8" sewer line which extends from the west property line
through the north half of the property, bisecting the approved Neighborhood Market building.
The easement must be vacated and the sewer line removed prior to construction of the
building.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City with no
objections to the requested sewer easement vacation. This item was heard at the regular
Planning Commission meeting on October 13, 2008 and forwarded by vote of 6-0- 1 on the
consent agenda to recommend this vacation request to the City Council. Staff recommends
the following conditions of approval with the vacation:
1 . Any relocation or damage to existing facilities shall be at the owner/developers
expense.
2. A performance bond for the future installation of water and sewer lines to serve the
remaining undeveloped properties shall be submitted and approved by the City
Engineering Department prior to building pennit approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-3108 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3485 W WEDINGTON DRIVE TO
VACATE A PORTION OF A SEWER EASEMENT, A TOTAL
OF 0.33 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 the
platted sewer 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 sewer 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 herein.
1 . Any relocation or damage to existing facilities shall be at the owner/developers expense.
2. A performance bond for the future installation of water and sewer lines to serve the
remaining undeveloped properties shall be submitted and approved by the City Engineering
Department prior to building permit approval.
Page 2
Ord.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT " Avg
NE01 T0 . oRIVE
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IOCP.O.B. 15' Sanitary Sewer °
Imm Easement Vacation Commencing At An Existing Rebar;
Iry0
L&101V4&'E 200.xRequest (See inset
4' Thence North 01 '54'40" East, -750.00
Ism
INCY Below) Feet; Thence South 68°05'20" East,
O 15.00 Feet; Thence North 01054'40"
Z a East, x5585 Feet; Thence North
I
02"3031 " East, 242.30 Feet; Thence
I = 50uth 5716' 45" East, 200A4 Feet
To the Point OF Beginning; Thence
—North 0203031 " East, 15.00 Feet;
Thence South 87016'4b" East, TIObl
dip Feet; Thence North 02°54'12" East,
I u� 185,52 Feet; Thence South 87'05'48"
I s ast, 15.00 Feet; Thence South
llu 02°54'12" Nast, 200.78 Feet; Thence
I = —North 8716' 48" West, '78551 Feet
I $ To The Point OF Beginning Containing
`t 033 Acres More Or Less.
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587°05'48"E
15,00'
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15.00' n n O
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e � n u� N87`Ib'48"W 785.5!' - ry
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j 15' Sewer Easement, Book 1246, Page 356
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PERSIMMON STREET
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MORRISON SHIPLEY EASEMENT VACA77ON EXHIBIT .
ENGINEERS • SURVEYORS ' �'"•
Fayetteville, Washington County, Arkansas o- °
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EXHIBIT `B"
VAC 08-3108
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, AND PART
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN
FRACTIONAL SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS. BEING THE PARCEL DESCRIBED PER
SURVEY RECORD #2005-00022480 AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS
COMMENCING AT AN EXISTING REBAR AT THE SW CORNER OF SAID PARCEL
NORTH O1054'40" EAST, 730.00 FEET; THENCE SOUTH 88005'20" EAST, 15.00 FEET;
THENCE NORTH O1054'40" EAST, 955.85 FEET; THENCE NORTH 02°30'31 " EAST, 242.30
FEET; THENCE SOUTH 8701614811 EAST, 200.94 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 02°30'31 " EAST, 15.00 FEET; THENCE SOUTH 87016148" EAST, 770.61
FEET; THENCE NORTH 02054'12" EAST, 185.82 FEET; THENCE SOUTH 87005'48" EAST,
15.00 FEET; THENCE SOUTH 02°54' 12" WEST, 200.78 FEET; THENCE NORTH 87' 16' 48"
WEST, 785.51 FEET TO THE POINT OF BEGINNING CONTAINING 033 ACRES MORE
OR LESS.
TayeVI
PC Meeting of October 13 , 2008KANSAS
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
T14RU: Jeremy Pate, Director of Current Planning
DATE: 000 8 Updated October 14, 2008
VAC 08-3108: (FOREST HILLS R-PZD, 440): Submitted by MORRISON-SHIPLEY
ENGINEERS, INC. for property located at 3485 W WEDINGTON DRIVE. The
property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains
approximately 0.33 acres. The request is to vacate a portion of a sewer easement
contained within the project.
Planner: Jesse Fulcher
Findings:
Property Description: The subject property is located south of the intersection of
Wedington Drive and Salem Road. The 0.33-acre sewer easement is part of an
approximately 82.39-acre property that was rezoned to R-PZD 07-2793 Forest Hills by
the City Council on June 03, 2008. As part of the large scale development plan submitted
for Wal-Mart Neighborhood Market, the applicants have submitted three vacation
requests and a property line adjustment.
The 15 ' sewer easement contains an 8" sewer line both of which extend from the west
property through the north half of the property, bisecting the proposed Neighborhood
Market building. The easement must he vacated and the sewer line removed prior to
construction of the building.
Request: The applicant is requesting to vacate a portion of the existing 15' sewer
easement. The applicant has submitted the required notification forms to the utility
companies and to the City with the results summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections.
K:\Rcporls\2008WC Reports\19-0ctober 13\VAC 08-3108 (Forest Hills ?ZD Sewer Eatement).doc
Arkansas Western Gas No Objections
AT&T Arkansas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. With construction of
the Neighborhood Market and
associated infrastructure, a new
sewer line.
Transportation No Objections
Solid Waste No Objections
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3110 to the City Council
with a recommendation of approval with the following conditions:
1 . Any relocation or damage to existing facilities shall be at the owner/developers
expense.
2. A performance bond for the future installation of water and sewer lines to serve
the remaining undeveloped properties shall be submitted and approved by the
City Engineering Department prior to building permit approval.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: 4 Forwarded O Denied O Tabled
Date: October 13, 2008
Motion: Lack
Second: Graves
Vote: 6-0-1 (Trumbo recused)
. KARepons\2008\PC Reports\19-October 13\VAC 08-3108 (Forest Hills PZD_Sewer Easement).doc
MORRISON
SHIPLEY September 3, 2008
ENGINEERS • SURVEYORS
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: 15' Sanitary Sewer Easement Vacation Request
Forest Hills Development
Dear Jeremy,
On behalf of the property owner, Forest Hills Partners, LLC, we respectfully request to vacate a
portion of the existing 15' sanitary sewer easement located on the driving range portion of the
property being developed. The easement and sewer line serves two adjacent tracts, Thetford
Photography and Farm Bureau which will be removed with the proposed development. In
addition to the vacation request, a large scale development plan, public improvement package,
and lot line adjustment are being submitted to initiate the first phase of development on the 82
acre tract known as Forest Hills. Plans include abandoning a portion of the sewer and rerouting
it along the newly constructed public streets.
According to the vacation application we are to send out a public notice to all owners adjacent
to the easement to be vacated. The utility easement is located internally in the subject property
which is owned by Forrest Hills Partners, I.I.C. No other property owners are directly adjacent to
portion of easement in which we are requesting vacation. After talking with Jan Gamble we
were told that surrounding owners notifications do not need to be dispersed since the vacation
is located internally in the property.
If at all possible, we would like to keep the vacation request on the same schedule as the lot line
adjustment, large scale development plans, and public improvement plans which are being
submitting concurrently.
If you have any questions or need additional information, please do not hesitate to contact me
at (479)273-2209.
Sincerely,
Morrison-Shipley Engineers, Inc.
At ell
Heather M. Robason, P.E.
Project Manger
2407 S. E. Cottonwood Street
Bentonville, AR • 72712
479 . 273 .2209 • Fax 479. 273 . 2553
morrisonshipley.corn
Rx 0ate/Time AUG-29-2008(FRI) 10:55
AUG-26-2008 TUE 09:42 AM
P. 004
P. 04
OTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Utility Company
App6rantNeme 4rl<J- /15 TRr><A/crF Lit Applicant Phone 734 l 5G8z
REQUESTED VACATION (applicant must check all that apply):
Utility Ease nest — I5' • gowi-tar y Myer £4w4ewr
Right-of-way for alley or streets and all utility easements loafed within the vacated right-
of- way.
J Iy 1111 11 y'••, II L -'I 11 11 u: / /
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Peg 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTII-ITY EASEMENT VACATIONS
Date: Aug z5J 2008
Utility Company A t
Applicant Name: f'<<,,` `/11/j r-4, 1,' LL( ApplicantPhone: 1,9- qy q2
REQUESTED VACATION (applicant must check all that apply):
Utility Easement — 15'5;cbv;tr4ey *wef 645E1'4Ea/T
QRight-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**) j 4/85-W1 d ruy•}oN
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
QNo 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:
lt.ve
C. s>'t)
6(NEa
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b d 669ZSZt79ab 'ON/LE;Ei IS/6E:El 90 ,6Z"9 (IHd) riOHA
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: Avg Z51 2008
Utility Company: .42k A.�15A 5 �n)65: iN Ga 5
Applicant Name: 1ye /11115 Y'RrIq/Cr5. Lie Applicant Phone: 979^ q9y^S/SZ
REQUESTED VACATION (applicant must check all that apply):
Utility Easement — 15' $?#&4✓y 5'Wef tf45at4Etlr
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**) 31/95 Wed tu'/ON
I Ari✓IAID Paeln
(ATTAQIlegal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
[ No 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
Signature of Utility Company
/I S$$15 ,.- }vV E-TY_J F
Title
Drive
C. 5k)
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: Avg Z.5, LOS
Utility Company: 2rx f "nr 1n14n :Cs, /.`an s
Applicant Name: /rob , f/, ? r&ea «C Applicant Phone: 7'1f'1 -g2
REQUESTED VACATION (applicant inust check all that apply):
Utility Easement — f5'54Nifa/y S'wcr E4*7'ltAT
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**) 3495. j4.d iwq*iv
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
Drlda
c 5We)
® 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
Fkt'd SnhPP-
Title It
Page 5
Rx 0ate/Time SEP-05-2006(FRI) 16:05
Sep. 2. 2008 4:09PM
No. 5647 P. 3
P. 003
UTILITY APPROVAL FORM
FOR RIGHT- OF WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: Avg Z5j, 200&
UtiityCompanr dEP '/
Applicant Name /�.41#MJ1 F -q. C LLC ApphcantThone 7-y y 8Z
REQUESTED VACATION (appliumf must died a$ that appiy):
utilityEaseu,et - f5' faviigry Sewed 64c8'IEerl
Right-of-way for alley or sheets and all utility easemmts located within the vacated right-
of- way.
flA11
QStreet right -at -way
4.4: location Ir •.Ir 11 .: 1. II III V/ u1: II•1'I
• . I I i. • 1 II I• I I I L% I I w I I I l/ r L r t 1.
• • •E1t.()iIi• 1 aw: 1 4 described • \ I
•" 1 r 1" 1t - • emu • • , F '1 •
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N
Page 5
• UTILITY APPROVAL. FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTII]TY EASEMENT VACATIONS
Date Avg Z5. 2008
Utility Company.
ApplicantName: 101e41- M7'5 )R/�7y2y Lit AppliantPtwne 977 -99y -,c2
REQUESTED VACATION (applimnl must died oil that apply):
UtilityEasement— ISr WNdAeV 9WCY 64lW4EA#T
QRightvf-way for alley or sheets and all utility rasralnds looted within the vacated igtd-
of-way.
I fey
II Stnxtrightof-way
Ivu •/ied 1 r• .1111' •II I e •vl l -: YI ed ♦l j Jl v 1'x 1 11 i l l i-. p l 1 1- 1 I l a 1111E 11111 1 � /
lr t'♦
I Y /I YI I/I II I
LIII III ZtUut 11 1 1�7 1./1
No objections to the vamtion(s) desmbed above.
No objections to the vacation(s) dm -bed above, provided following desmbed easements
are retained. (State the locatimt dimermss, and purpose below.)
No objections provided the following conditions are met
posr5
Jan Gambill - SCAN5147_000.pdf Page 7
UTILITY APPROVAL FORM
FOR RIGFIT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date Avg ZS f ZA68
Utility ComW^T
Applicant Name: L/is{- N,lk Pai-f.Va5 LtC ApphicantPhana: f7- q?�8 a
REQUESTED VACATION (applicant mast dark all that apply):
Right-of-way for alley or streets and all utility easements located within the vacated right-
of-way.
Alley
Sueetnghtof-way
I have been notified of the petition to vacate the following (alley, easement igldof-ways, described as follows.
Ceaeral location /Addnxs(refendngto attached document- must be completed») 335/ H'd/"' a"U/
(110 21 rat
(ATTACH legal
toll II t.j I JsW I Uhl it Ih
oo1j ton . e.. •YYI .'....., . I.de .1.
Na objections provided the following conditions are met
.iiI
mot ter.
UPILrp?APPROVAL FORM
POE RIGHT -OP- WAY, AIIZY, AND
UflhXJ YEASEMENT VACAIIONS
Dalt 144 Z5, ZOOS
• QNity Car pmr--
. Y'pPlirmt Name: 4/r4(- .46% i%-AMCf5 Lit AppliantPhone Tq 9 q9q- g2
. - REQv61PDVACATIM(vpphmnt must d¢& ull kiwi 'ply): ..
VNity Easenmut- IF'5ti 'lary F/Wct E'i (E.(f
ORightbf-wayfm alley or e1tuta mid all utility eemai6loted within the vemtedught-
of-way.
o Ay0_
OStreet right-of-way
•] tin bet smtifred of The peilionmvaI the foUowinasvnimtri ... .. "...--....._ following(alley, g6taEwayL amtiea�llav follows: ----
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CATPA(ategl desviytion mad grsyhk,wm'anaenn a/vmne k amlq rotated-SURFE1
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aO Noobjatimas to the vamion(s) desmbed above .
IX" No ol*ctans to the veatian(s)desrnTM above. provided following desm,Edeesemaaty
ate relninat (:ram the lomtian dmwmmi c and purposs blow.)
No ohjedions provided the foR owing aodidma me met
VAC08-3108
Close Up View
FOREST HILLS R-PZD
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75
150
300
450
600
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VAC08 31os FOREST HILLS R-PZD
One Mile View
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0 0.25 0.5 1
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Page 1 of 1
Clarice Pearman - Ords. 5192-5194
From:
Clarice Pearman
To:
Pate,
Jeremy
Date:
11.13.08
3:47 PM
Subject:
Ords.
5192-5194
CC:
Audit;
GIS
Attachments:
Audit;
GIS
Jeremy:
Attached is a copy of the above ordinances passed by City Council regarding Forest Hills vacations of easements and right of
way. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file://C :\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\491 C4C2 1 F... 11.13.08
RECEIVED
NOV 212008
CITY OF FAYETTEVILLE
CITY CLERK'S W E
NORTHWEST ARKANSAS EDITIONI
•
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 5192
November 15, 2008
Publication Charge : $118.36
Signed:
Subscribed and sworn to before me
This /f day of 79ntcou, 2008.
Notary Public _____
My Commission Expires: %aj 4, jto/a_
Do not pay from Affidavit, an invoice will be sent
RECEIVED
Nov 212008
C�Cfl OF S
ITYCLERKS OFFICE
AN ORDINANCE APPROVING VAC 08.3108 SUB-
MITTED BYMORRISON-SHIPLEY ENGINEERS. INC.
A PORTION OF A
' 0.33 ACRES.
WHEREAS, the City Council has the authority 11k AR°""'^°
under A.CA. § 14-54-10410 vacate public grounds 11
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
sewer easement is not required for corporate purposes;
Mow, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: 1Sj
Section 1: That the City Council of the City of Fayelleville. Arklensas hereby vacates and abandons
the following described sewer easement: •,t
See Exhibit'B" attached hereto and made a part hereof.
It
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached
hereto and labeled Exhibit shall be filed in the office of the Recorder of the County and record-
ed 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. I I
1. Any relocation or damage to existing faci:dies shall be at the'owner/developers expense.
2. A performance bond for the future installation of water and sewer lines to serve the remaining
undeveloped properties shall be submitted and approved by the City Engineering Department prior
to building permit approval. I,
•nd APPROVED this 6th day of
Exhibh A" is a map and may be viewed in the office of the City Clerk(Treasurer during normal
noal busi-
ness
h hours.
EXHIBIT'S"
VAC 08-3108
PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER. AND PART OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN FRACTIONAL SECTION 7,
TOWNSHIP 16 NORTH, RANGE 30 WEST, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS.
BEING THE PARCEL DESCRIBED PER SURVEY RECORD 02005-00022480 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS $
EOMM 30.00 GF AET ANENCE NG RADAR A5 THE STW 500 CORNER OF SAID PANOR NORTH 0V5440
OAST
EAST, 7FEE T, FEET; ENOR SOUTH 88'0520' EAST, 15.00 FEET; THENCE NORTH 01°5440' EAST
200.84 FEET; THENCE INT 02°3031'
THEN4 FEET TO THE POINT OF 770.61
THENCE SOUTH 87°1548' EAST, 1.
THENCE SOUTH 7°10548' EAST, 15.51
THENCE NORTH BLES 48' WEST, 785.51
ACRES MORE OR LESS.
FEET, THENCE SOUTH 87°16 48' EAST,
".E NORTH 02°30'31' EAST, 15.00 FEET;
,E NORTH 02°5412' EAST. 185.82 FEET, r
E SOUTH 02°5417 WEST, 200.78 FEET;
POINTOF BEGINNING CONTAINING 0.33 1
III