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HomeMy WebLinkAboutOrdinance 5193 Doc ID : 012612320003 TVDe . REL Recorded : 12/09/2008 at 11 : 42 : 43 AM Fee Amt : 128 . 00 Face 1 of 3 Washlnot0 County . AR Bette Stews Circuit Clerk F11e200840038553 ORDINANCE NO, 5193 AN ORDINANCE APPROVING VAC 08-3109 SUBMITTED BY MORRISON-SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 0.08 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 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 herein. 1 . Any relocation or damage to existing facilities shall beat the owner/developers expense. , prnvnrrny ` .�G�FRK/TRFgs PASSED and APPROVED this 6`h day of November, 2008. , ��� , \SY p ' < G V ` U APPROVED: ATTEST: = ; FAYETTEVILLE ; pA-A NSP By: By ��`'y.�t`GTON GAJ°. DAN COODY, Mayor ,89 NQ /$])c# #�/, ,gi�/ �,{�rk/Yp@dgJrk/ `"' wrruu o, Deputy City Clerk zz _ . EX IBIT OWN Commencing At The Soatrtdast Corner Of Tract S; Thence North 841°20'01 ", 15.00 Feet To The Point Of Beginning; Thence North 8a620'01 ", 246.05 Feet; Thence North 00006'00", East, 15.00 Feet; Thence South 8q020'01 ", East, 245.57 Feet; 'thence South 005258", 1 .49 Feet; Thence South 00°08'00", West, 13.60 Feet To The Point Of Beginning Containing 0.08 Acres 100 0 100 More Or Less . Scale In Feet NEDINOTON DRIVE U3 t m P � O M � m Tr Sb/IE�cE I D g 8606(5 Z S s \ � 15' Utility Easement N%i% VacationRequest I 6 - p S811 "20'01 "E 245 .5"1' NSq°20'01 "N 246.05' m " p P.0.5. — i Z P.O.G. a MOR RISON SHIPLEY EASEMENT VACATION EXHIBIT „ i ENGINEERS SURVEYORS W.Wb a Fayetteville, Washington County, Arkansas , EXHIBIT `B" VAC 08-3109 PART OF TRACT B OF THE LOT SPLIT TO THE CITY OF FAYETTEVILLE, ARKANSAS RECORDED AS DOC. #96068085 IN THE CURCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT B NORTH 89°20'01 " WEST, 15 .00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89020'01 " WEST, 246.05 FEET; THENCE NORTH 00006'00" EAST, 15.00 FEET; THENCE SOUTH 89020'01 " EAST, 245 .57 FEET; THENCE SOUTH 18°52'58"EAST, 1 .49 FEET; THENCE SOUTH 00°08'00", WEST, 13 .60 FEET TO THE POINT OF BEGINNING CONTAINING 0.08 ACRES MORE OR LESS. Washington County. AR I certify this instrument was filed on 12/09/2008 11 :42:43 AM and recorded in Real Estate File Number 2008-000385 3 Bette Stamps - Circuit e by 0Ab City of Fayetteville Staff Review Form 16 �D� City Council Agenda Items {/93 and J Contracts, Leases or AgreementsU Gg-31 GQ 11/4/2008 City Council Meeting Date Agenda Items Only Jeremy PatePlanning Operations Submitted By Division Department Action Required: VAC 08-3109: (FOREST HILLS PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3351 WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains approximately 0.08 acres. The request is to vacate a portion of a utility 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 # i'= rtment irector Date ) Original Contract Date: - I 7 Original Contract Number: City Attorney Date Q Received in City �ny \ OA Q. td.a,.)..� 10 - Z4 - a$ Clerk's Office Finance and Internal Service Director Date Received in ENT ��� Mayor's Office °� o Ma or Date 6 Comments: Revised April 16, 2007 City Council Meeting of November 04, 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: October 14, 2008 Subject: Utility Easement Vacation for Forest Hills PZD (VAC 08-3109) RECOMMENDATION Staff recommends approval of an ordinance vacating a portion of a utility easement on the subject property. BACKGROUND The subject property is located south of the intersection of Wedington Drive and Salem Road. The 0.08-acre utility 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. The 15 ' utility easement is located at the northeast corner of the overall Forest Hills development and contains no existing utility lines. 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. BUDGETIMPACT None. ORDINANCE NO, AN ORDINANCE APPROVING VAC 08-3109 SUBMITTED BY MORRISON-SHIPLEY ENGINEERS, INC. FOR PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT, A TOTAL OF 0.08 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 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 herein. 1 . Any relocation or damage to existing facilities shall beat the owner/developers expense. Page 2 Ord. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer i EXHOBIT "Awl Commencing At The Soutrl�ast Corner OF Tract 5; Thence North 89 °20'01 ", 15.00 Feet To The Point OF Beginning; Thence North 89020'01 ", 246.05 Feet; Thence North 0000600", East, 15 .00 Feet; Thence South 89 °20'01 ", East, 245.51 Feet; Thence South 0052 '58", 1 .49 Feet; Thence South 00°08'00", West, 15.60 Feet To The Point Of Beginning Containing 0.08 Acres 100 0 100 More Or Less . Scale in Feet WEDINOTON DRIVE O Iry s �U o Tr fTl SidIlL. a 0\ i boc Aeh ��`\ 960 8085\ 2 6 a 15Utility Easement \ N0 p Vacation Request -� p 589020'01 "E 245 .57' 0O O in N89 °20'01 "W 246.05 ' a O P.O.B. m O + z P.O.G . S ' bs.B1 le MORRISONSHIPLEY EASEMENT VACATION EXHIBIT , ENGINEERS • SURVEYORS WM3 Fayetteville, Washington County, Arkansas EXHIBIT "B" VAC 08-3109 PART OF TRACT B OF THE LOT SPLIT TO THE CITY OF FAYETTEVILLE, ARKANSAS RECORDED AS DOC. #96068085 IN THE CURCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT B NORTH 89°20'01 " WEST, 15.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°20'01 " WEST, 246.05 FEET; THENCE NORTH 00°06'00" EAST, 15.00 FEET; THENCE SOUTH 89°20'01 " EAST, 245.57 FEET; THENCE SOUTH 18°52'58"EAST, 1 .49 FEET; THENCE SOUTH 00°08'00", WEST, 13 .60 FEET TO THE POINT OF BEGINNING CONTAINING 0.08 ACRES MORE OR LESS. 1 1 0 TayeVI PC Meeting of October 13, 2008 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain SL 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: ^e'er '�W& Updated October 14, 2008 VAC 08-3109: (FOREST HILLS R-PZD, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3351 WEDINGTON DRIVE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains approximately 0.08 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher Findings: Property Description: The subject property is located south of the intersection of Wedington Drive and Salem Road. The 0.08-acre 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 subject 15 ' utility easement is located at the northeast corner of the overall Forest Hills development and contains no existing utility lines. Request: The applicant is requesting to vacate the existing 15 ' utility 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 Objection. Arkansas Western Gas No Objections AT&T Arkansas No Objections. KARcports\2008\PC Reports\19October 13\VAC 08-3109 (Fomst Hills PZD_utility =crncnt).doc . CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3109 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. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded O Denied O Tabled Date: October 13. 2008 Motion: Lack Second: Graves Vote: 6-0-1 (Trumbo recused) KAReports\2008\PC Reports\19-October 13\VAC 08-3109 (Forest Hills PZD_utility emement).doc MORRISON SHIPLEY ENGINEERS • SURVEYORS September 4, 2008 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Attn: Jeremy Pate Re: Utility Easement Vacation Request Forest Hills Development Dear Jeremy, On behalf of the property owner, Forest Hills Partners, LLC, we respectfully request to vacate a 15' utility easement located on the southern property line of Thetford Photography. This easement was dedicated with a lot split filed in 1996. Forest Hills Partners is proposing to reconfigure lot lines with a lot line adjustment. After speaking with the utility companies, it appears that there are no existing utility lines in the easement. If lines do exist, the developer will relocate them to serve his development and new easements will be granted. 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. The only property owner adjacent to the utility easement is The City of Fayetteville. 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. Heather 9. Robason,,P. . Project Manger 2407 S. E. Cottonwood Street Bentonville, AR • 72712 479. 273 .2209 • Fax 479 . 273. 2553 morrisonshipley. com Rx 0ate/Time RUG-29-2006(FRI) 10:55 AUG-26-2008 TUE 09:42 AM P. 002 P. 02 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date /QV1 M. Zt7d 8 Utility Comlwny O��/K�tr 1�5 �Zvi' L _ Applicant Name: �/'D/l i4- bit/l § 1/¢M6rg GL C ApphcantPhone. % y' tiii9 z REQUESTED VACATION (applicant must dur* all that apply): Utility Eascsnnd ARight -o w y for alley or streets and all utelity eamemutta located within the vacated tight- of- way. Alley OStreet right-of-way U II . !Y:I 1✓.1 OI 1r 11r 11 ♦ I1 I\ 1. Yr 1 ♦I 1111 � I' 1 UTIIIIY COMPANY COMMENTS: • ______ r,y.1JLUr.; i1J['nMJi.tJ,I111JkJ. A ft 1♦ \' L•• •) nil,C1 1 1 1 1 •• 1 1 , m UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: Avg ZOO Utility company: Air' Applicant Name: ?D,tsf Ili//c lPa��,ve/ C�_Applicant Phone: REQUESTED VACATION (applicant must check all that apply): iT vii' -c68 a © Utility Easement ORtght-of-way for alley or streets and all utility easements located within the vacated right- of- way. 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') 335/ WidI e/'e41 hit✓G (rAeI.rd Pla'kyrapAV (ATTACH legal descrti tion and reprofJilt) 8 P graphic esentation what is being vacatedSLQ2trEY) 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 = HA V c cogwMDcO T I S gSJucs T TO OuR 11.0. W. t ?PT tN LIBLE ROLk . 'rNEY WILL SgAl6 You TF1£ DOUG wLC 5 TO FILE TME C&ItJTV Coit&tsat a FD&The. VtcCRTlonl TD Be Rrinoll�l I Cr A T rn.,. n. To The R€tO arm T >4r The ou)n)FZ2 /bt: op g'S Signature of Utility Company Representative ECPE7lJSC-' Z D0 '.)OT NNv£ XMY 0133FLTt6N TO `Tuts UTILITY CAS€Mar VAcNT10tS. FiLtrdfq Q ntt COL.Rniru5t wtu. 12oEA5E. t4tl's ?IC�t4 i S . Ha'1a. . vm 49L Pages 9 d 669Z984 ON/LE: EI'1S/DE: El 90 .6Z 9 (tud) wood UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: Avg i.5. Z06 8 Utility company: 92k.t.vs.4r h)tC.YR' (1S Applicant Name /,'eS%' /-tt`ji /2C Applicant Phone 1 y 79- %'j*5o5 a 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"") 3351 Itkd ifa°u /_' : r/vL AA_ 1 r__ / (ATTACH legal description and graphic representation of what is being vacated-SW?VE19 UTR.ITY COMPANY COMMENTS: E'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: Pngr 5 pAY 5/IC) UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: Avg 2'6. 01009 Utility Company: ( OGC (lUn'IiY1n fn ec ,4'ors S Applicant Name: hose KI /k Pas'Aler5. LL C Applicant Phone: T 79- i1ce z 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: N/c-ddi J) ✓c - General location / Address (referring to attached document- must be completed"") 335 / (Tk {-k'd Phc4cy/aPA Y Srtc) (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. Page 5 Rx Date/Time SEP-05-2008(FRI) 16:05 P.004 Sep. 2. 2008 4:09PM No. 5647 P. 4 UTILITY APPROVAL FORM FOR RIGHT. OF- WAY, ALLEY, AND UflLFFY BASEMENT VACATIONS Date: Avg z1g, t008 Utility �+pany- 4A EP 5 eO <a Applicant Name: /Csf hi/JS Agtf,V,* i C Applicant Phone: y7 - `SB Z REQUEMD VACATION (applidmet must dudc ail that apply): utility Easemwtt aRight-of-way for alley or streets and all utility easemetb located within the vacated right` of- way. D Alley OStreet right-of-way I have been notified of the petition, to vacate the followmg (alley, easement, right-of-way), described as follows:^ General location IAddress(refeaingtoattached document- mostbecompleted") 335/ Ird%N�1'�°'dPeiwG (rkifdd P!w-Joyi'pA' (ATrACEr drsve an and rep esent i S/M) ➢a graphic ationo 0/what Ob •.. .. -.r•,•-.w r•.:•• ',: a -•• •Y.•. •.,'v -.n. •• ••S-.'• No objections provided the following conditions are met: & e 4Qo.. `f/02/08 ' Company Representative mep(7 Pages Jan Gambill - SCAN5147 000.pdf Page8l UIUflYApfOVALFORM FOR RIGHT- OF- WAY. ALLEY, AND VIIIIIY EASThIENi VACATIONS Dalt Avg 25 1.008 O,@ty, Cnnpnhy, • AppEont Name -fus+ it//c n-a✓u. Lit AFFtinntrnone a REQORSIu VACATION (gtpgmn muse dadrel teat oppry): © Ohtity Esm,rnt I Right-of-way fa alley orNnety and all utility ermrntslomdwithinthe n.ntM of-way. Alley Street rigbto(-way ' -b bvamkt¢fhave rn votfied of the pettionoil d nwmg( ley. easrnnart, diJo(-way}em'bednlotows ..... - Ceaenl IOotioe/Address(zNemng to attarhd dommit- mr¢t be mmyleted") 335-/Iwde✓ /fLJL.� waM1 ✓Ge/rteFa •. - .(ATEAB)egnrdzrnnmardgmPldrnprnnaHen grwhat is 6tag naratedS)RVEY) UnIrY CMW�/v ANY CO.Wv)&1n LX1 No ob)aaHphsbtrevaotmt(s)desmbed above. . O No rAjees the vamtmr(s) dumbed abov4 pravidd following denibthmstmnts are reivlm4(Sate the I Lion, dinmuirh; and purpose below.) Jan Gambill - SCAN5147_OOO.pdf Page 9 UTUlfY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS ApplitantName hers+ N;/is Pqdua5. ticApplicant Phone f79- i c 8 a REQUESTED VACATION (applrmnt must das*a1 that apply): Utility Easement Rightof-avay for alley orsheets and all utility easements located within the vacated tight- of- woy. 0 Alley Street :ightof-way I have been notified of the petition to vacate the following (ollcy, casm.m.t, right-of-way), described asfollows General location /Address (rdming to attached document -most be mmple(ed••) 335/ Wih; t44 ) (-Ihejlo,d INN LII Iii IWLtI1 t• tiyjlU1 1 l•. ., .. .:.. ..r::..... .. ,. No objections provided the (ollowmg conditions am met ht S UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: StlA'A lti s*e , - eeeYc (, APPLICANT NAME: _ - _ APPLICANT PHONE: _-- REQUESTED VACATION (applicant must check aAthat 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't) St (A7TACMlegal description and graphic representation of what Is being vacated -SURVEY) . 11 111 111 V:,11 Iw 1+1 r.I Y. 11' c:1111 1 11'1 11' :11 1 11 ' 1' 1 • No objections provided the following conditions are met Signature of Utility Company Representative jj&) a.a.7LR KaAa.r.c ,. C.7 -AL, cE..-t Title VAC08-3109 FOREST HILLS R-PZD Close Up View ------------- q1`7 • ♦ ,1 .. . _.. a .. .. •. Overview o:: 2 o. g....� 0 37.5 75 150 225 300 Feel VAC08-3109 FOREST HILLS R-PZD One Mile View -4 ) UNTCOM ift Ra tdOtINi COMFdTRRT RD MDUt MI -OR • ' „•yR Y�a{ O SFd- ,ri RSF-0 { ; T ^ TOR..: Z�riE5(� C a, • .> i p RSFd {j_A w. RSF+1 ft ! ` '..+r=f 4 •.1 a ' RSF RSFN4 jjjj RSA % w i - •?lx" 31 . ' / c ^•> r —saw _ = fr n'{1' R�F4 +RSF. ..{., • —y_ nsF-0 � ASTJs r 1 a � '�FSa1RRT !■ ar-r .., RSF.m T4aF .:.FI" RAa w: 1 L! 7 L i 1M! aa's.w. :F4- ' 5 �. II } r RFaF,'?2a RPZD T - p / - FFA ta4 fi° ... aiR PoAFa._ � UR aRTST ,KYGH1pR3%. ® 1z jj SUBJECT PROPERTY J_ =.D , RSF-i (G5: I 3€ti j'' aN DR, 111x. !T t Y: . ^J- 'Fi •'T 5 WSCMt 1 nag l 8b .. LLYST+.i[ RSF4 '.o(l � OWGTOR � aq ;Y _ �ARSFd •� C LEI`DRFIE(D'Si ,i yK .rye tit R r 1 e VYG7 Gt C 1 Ou.. 'e i y a G"T R• £ o . 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Y tt" [v(�ar Y at i1 'k F.. . - L .:iv,• iSW d Overview Legend Boundary Subject Property .mow, Planning Area -Ij�jI Q VAC0B-3109 o OL° a Overlay District � 000000 Outside City Legend Hillside -Hilltop O erlay District 0 0.25 0.5 1 M les 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 1 C4C21 F... 11.13.08 RECEIVED NOV20 0 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NORTHWEST ARKANSAS EDITION'. 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 5193 November 15, 2008 Publication Charge : $102.22 Signed: Subscribed and and sworn to before me This/,f day of 77O-nyK.kU , 2008. Notary Public q xi My Commission Expires: Ana � a0 ya, Do not pay from Affidavit, an invoice will be sent RECEIVED NOV 202008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE AN ORDINANCE APPROVING VAC 0B-3109 SUB MIBY MORRISON-SHIPLEY ENGINEFAS, INC. DRIVE TOPOP PERTY VACATE APPORTION OF TED AT IW UTTIILLIY DINETON EASE- ilt At P I WHEREAS, the City Councl has the authority 11 ARKANSAS under A.C.A. § 1454-104 to vacate public grounds or portions thereof Which are not required for corporate purposes: and WHEREAS, the City Council has detennined that the following described portion of the platted util- k Ity easement is not required for corporate purposes: I. NOW,-TNEREFORE, EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARNANEASl.. 1i I L - t Section 1:: That the City Council of the City of Fayetteville. Arkansas hereby vacates and abandons the following described unuty easement: ` See Exhibit'Battached hereto and made a part hereof. ''r Section 2: That a copy of this Ordinance duty certified by the City Clerk along with the map attached hereto and labeled Exhibit 'Am shall be filed in the office of the Recorder of the County and record- ed in the Deed Records of the County. 1 ` T ISection 3: That this vacation approval Is subject to the Conditions of Approval as follows, end shall not be In effect until all conditions are net herein. j 1. My relocahon a damage to existing facilities shall be at the owneddevelopers expense. PASSED aM APPROVED this 6th day of November, 2008 41 n t APPROVED . ATTESC DAN COODY, Mass. ' . .•EONMAE. SMITH, City CNrkRP*---- .. _ Exhibit -A' is a map and may be viewed in the office of the City ClerMfreasurer during normal bush . tress hours ' ,':•.A• _ EXHIBIT'Be It VAC 0&3109 !` PART OF TRACT B OF THE LOT SPLIT TO THE CITY OF FAYETTEVIILLE. ARKANSAS RECORDED _._... _ TTICULAALY DESCRIBED AS FOLLOWS: 111 I T THE SOUTHEAST CORNER OF TRACT 6 NORTH 89°2001' WEST, 15.00 FEET F BEGINNING; THENCE NORTH B9°20'01' WEST, 246.05 FEET; THENCE NORTH 15.00 FEET; THENCE SOUTH 89°2001' EAST, 245.57 FEET; THENCE SOUTH .49 FEET: THENCE SOUTH 00°08'00. WEST, 13.60 FEET TO THE POINT OF RAINING 0.08 ACRES MORE OR LESS...r