HomeMy WebLinkAboutOrdinance 5194 DocID: 012512340003 Tvoe . REL
Recorded : 12/09/2008 at 11 : 42 : 59 AM
Fee Amt : $25 . 00 Pace 1 of 3
Washlnoton Countv . AR
Bette Stamps Circuit Clerk
Fi1e200840038554
ORDINANCE NO, 5194
AN ORDINANCE APPROVING VAC 08-3110 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO
VACATE UNCONSTRUCTED RIGHT-OF-WAY, A TOTAL OF
0.29 ACRES.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate
public grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted right-of-way is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described right-of-way:
See Exhibit `B" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met herein.
1 . Any relocation or damage to existing facilities shall be at the owner/developers expense.
PASSED and APPROVED this 6's day of November, 2008. Ua •• �\T Y OF • Gp
APPROVED: TTEST: eFAYETTEVILLE ;
9y Q/�Fl N`��Jam'•
By. DAN COODY, Mayor y141DX ih' l$D�1{�YYU,R4tyTi1�rlc//d�N¢drkf
6 Deputy City Clerk
EXHIBIT "A"
Tract D Of The Lot Split Filed
For Record October 29, 1996,
Document # 9bObb085
loo O 100
Scale in Feet
NEDINGTON DRIVE
S 9 °O 'I T 'E 25.00
ti u
25 ' Right-Of-way
Vacation Request
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589 °20'01 "E 25.00'
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MORRISON SHIPLEY RIGHT-OF-WAY VACA77ON EXHIBIT .
ENGINEERS SURVEYORS n�d�
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2107M�^ ^ � • °^^ , ° 7"11 ^°°^�°° ^ ^ Fayetteville, Washington County, Arkansas
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EXHIBIT "B"
VAC 08-3110
TRACT D OF THE LOT SPLIT FILED FOR RECORD OCTOBER 29, 1996, DOCUMENT #
96068085 BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1 /4) OF THE
SOUTHWEST QUARTER (SW 1 /4) OF SECTION SEVEN (7), IN TOWNSHIP 16 NORTH,
OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT WHICH IS
NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF 779.80 FEET
AND NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 261 .05
FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRES TRACT; THENCE
NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 25.00 FEET;
THENCE NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF
505 .74 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 17 SECONDS EAST, AS
DISTANCE OF 25 .00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 00 SECONDS
EAST, A DISTANCE OF 505 .64 FEET TO THE POINT OF BEGINNING. CONTAINING
12642.23 SQUARE FEET OR 0.29 ACRES, MORE OR LESS .
Washington County, AR
I certify this instrument was filed on
12/09/2008 11 :42:59 AM
and recorded in Real Estate
File Number 2008-0003855
Bette Stamps - Circuit le
by
City of Fayetteville Staff Review Form
City Council Agenda Items /
and W e
Contracts, Leases or Agreements /71/ 9I ( R7! J/
11/4/2008
City Council Meeting Date
Agenda Items Only
Jeremy Pate �` Planning Operations
Submitted By Division Department
Action Required:
VAC 08-3110: (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 0.29 acres. The request is to vacate unconstructed R-O-W.
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 Director Date
Original Contract Date:
Original Contract Number.
City Attorney Date
Received in City
L
pp n Clerk's Office
Ynu9 Q _ td .. Irl - :o - op
Finance and Internal Service Director Date
Received in v
4 &&Ozi Mayors Office
Mayor Date
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 pumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 14, 2008
Subject: Right-of-way Vacation for Forest Hills PZD (VAC 08-3110)
RECOMMENDATION
Staff recommends approval of an ordinance vacating unconstructed right-of-way on the
subject property.
BACKGROUND
The subject property is located south of the intersection of Wedington Drive and Salem
Road. The 0.29-acre right-of-way 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 subject 25 ' right-of-way is located at the northeast comer of the overall Forest Hills
development and was dedicated in 1996 when the Fayetteville Planning Commission
approved a lot split of property that now contains Thetford Photography. The right-of-
way was dedicated to provide access to the rear parcel and to allow connectivity to
undeveloped property to the south. The subject right-of-way is surrounded by the Forest
Hills development and is requested to be vacated to allow new development, which will
include public street construction and connectivity between developments.
DISCUSSION
Notification was provided to all a e utility representatives and to the City with no
objections to the requeste wer Basemen va ation. This item was heard at the regular
Planning Commission meet 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.
BUDGET IMPACT
None. ,
�/
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 08-3110 SUBMITTED
BY MORRISON-SHIPLEY ENGINEERS, INC. FOR
PROPERTY LOCATED AT 3351 W WEDINGTON DRIVE TO
VACATE UNCONSTRUCTED RIGHT-OF-WAY, A TOTAL OF
0.29 ACRES.
WHEREAS, the City Council has the authority under A.C.A. § 14-54404 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 right-of-way 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 right-of-way:
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 C(erk/Treasurer
EXHIBIT .. ..
Tract D Of The Lot 5plit Filed
For Record October 29, 1996,
Document # 96068085
loo o 100
Scale in Feet
HEDINOTON DRIVE
589 °O I 'E 25.00
tJ U
25 ' Right-Of-Hay
Vacation Re uest
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589 °20'Ol "E 25.00'
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MORRISONSHIPLEY RIGHT-OF-WAY VACATION EXHIBIT
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24 ENGINEERS SURVEYORS
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Fayetteville, Washington County, Arkansas ,
EXHIBIT `B"
VAC 08-3110
TRACT D OF THE LOT SPLIT FILED FOR RECORD OCTOBER 29, 1996, DOCUMENT #
96068085 BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW %4 ) OF THE
SOUTHWEST QUARTER (SW Y4) OF SECTION SEVEN (7), IN TOWNSHIP 16 NORTH,
OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS
NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF 779.80 FEET
AND NORTH 89 DEGREES 20 MINUTES O1 SECONDS WEST, A DISTANCE OF 261 .05
FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRES TRACT; THENCE
NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 25.00 FEET;
THENCE NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST, A DISTANCE OF
505.74 FEET; THENCE SOUTH 89 DEGREES 06 MINUTES 17 SECONDS EAST, AS
DISTANCE OF 25.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 00 SECONDS
EAST, A DISTANCE OF 505.64 FEET TO THE POINT OF BEGINNING. CONTAINING
12642.23 SQUARE FEET OR 0.29 ACRES, MORE OR LESS.
Faye �w Y 1PC Meeting of October 13 , 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: Aetebe•• ' , Updated October 14, 2008
VAC 08-3110: (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 0.29 acres. The request is to vacate unconstructed R-O-W.
Planner: Jesse Fulcher
Findings:
Property Description: The subject property is located south of the intersection of
Wedington Drive and Salem Road. The 0.29-acre right-of-way 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 25 ' right-of-way is located at the northeast corner of the overall Forest Hills
development and was dedicated in 1996 when the Fayetteville Planning Commission
approved a lot split of property that now contains Thetford Photography. The right-of-
way was dedicated to provide access to the rear parcel and to allow connectivity to
undeveloped property io the south. The subject right-of-way is surrounded by the Forest
Hills development and is requested to be vacated to allow new development, which will
include public street construction and connectivity between developments.
Request: The applicant is requesting to vacate the existing 25 ' right-of-way. The
applicant has submitted the required notification forms to the utility companies and to the
City with the results sununarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
K:\Reports\2008\PC Reports\19-0ctober 13\VAC 08-3110 (Forest Hills PZD_ROW).doc
1
Southwestern Electric Power Company No Objection.
Arkansas Western Gas No Objections
AT&T Arkansas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: 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.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: J Forwarded O Denied O Tabled
Date: October 13, 2008
Motion: Lack
Second: Graves
Vote: 6-0-1 (Trumbo recused)
KARcpor1s\2008\PC Reports\19-October 13\VAC 08-3110 (Forest Hills PZD_ROW).doc
.I
MORRISON
SHIPLEY
ENGINEERS • SURVEYORS September 4, 2008
City of Fayetteville
Planning Division
125 W. Mountain St.
Fayetteville, AR 72701
Attn: Jeremy Pate
Re: Right-of-Way Vacation Request
Forest Hills Development
Dear Jeremy,
On behalf of the property owner, Forest Hills Partners, LLC, we respectfully request to vacate a
25' strip of right-of-way located between Thetford Photography and Farm Bureau tracts. The
strip of right-of-way was deeded to the City of Fayetteville in 1996 when the property was split
into four tracts. It appears the right-of-way was required to provide access to the southern
tract, Tract B. which did not have street frontage. Forest Hills Partners, LLC is proposing to
provide access into the development by extending Salem Street as shown on the lot line
adjustment plat and public improvement plans. Therefore, the access will no longer be needed.
According to the vacation application we are to send out a public notice to all owners adjacent
to the right-of-way to be vacated. The only properties adjacent to the right-of-way are owned
by Forest Hills Partners, LLC and 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
Feather M. Robason,IP.E—
Project Manger
2407 S. E . Cottonwood Street
Bentonville, AR • 72712
479.273 . 2209 • Fax 479. 273 . 2553
morrisonshipley. com
Rx Date/Time RUG-29-2008(FRI) 10:55
AUG-26-2008 TUE 09:42 AM
P. 003
P. 03
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTAITY EASEMENT VACATIONS
Date i4va ZS, ZGOrg
Utility Company_ O%a/K55 £lcc/i,'t_
Applicant Nan*& fy eS; %t t,3 f4eqs'. LL G Applicant Phone: y%Q- y9y'SGB Z
REQUESTED VACATION (applicant must check all that apply):
a Utility Easement
Right-of-way for alley or streets and all utility eaaemettta located within the nested right-
of- way.
Alley
QStreet right-of-way
Y Y r 1 1 III r. J.LI 1 II rr: Vl. i.r r I Y II J1 I r I .I.yII I' .
,!a
described . .. I . . . 7 . I . PNii. I : > I
• .'• . ki Of.,. M • r • , . I .1' 1T. • •
Svs! ec+-. se- kit
PVU5
sat)
UTT(M APPROVAL FORM
FOR RIGHT- OF. WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: Avp u 200
Utility Company: A rr
Applicant Name: 4,ii NII5 A/, /4- L - L C Applicant Phone: y7 'V94 -5o8 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:
General location I Address (refemng to attached document- must be completed•') 3351 Wediw i1 oN D/I ✓G
/gheJ.ta_J DAAJAD.' I
(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:
STlrSGc H IT FACf�)rltS
MANRVE7L �1G IN�F?2rn)(--t�EStc.N)
Title
Page 5
l5iae)
Z d 668ZSZD984 'ON/LEEI"1S/SEE1 80 .6Z 8 (lad)
WOad
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: Ave Zc, ZOO,g
Utility Company: ,q(Zk A"5AiLF-nS�,-J Gs
Applicant Name: fn,jr ' Ni19 Ai , e't-* LG G Applicant Phone: y79 - g94 -foe 7�
REQUESTED VACATION (applicant must check all that apply):
IIUtility Easement
I7f Right-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
Alley
IIStreet 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 WtdsN�aoN pih ✓G
-#e A, .-_..-,
(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:
/- CS tex .o,— COI'iCA-, ,,& II4AAM 6,,-t -
rage 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 4vy 25, ZOO
FJ�r
Utility Company: (20A 7/ni+lt/yJ•
Applicant Name: /(f./ et
Applicant L/. G Applicant Phone: 77q' av94/"f $ z
REQUESTED VACATION (applicant must check all that apply):
Ij Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right-
of-way.
Q Alley
IIStreet 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/ Wed'N�9ON p/t ✓G
i..c.1L_ DLJnnrrni
(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.
of Utility Company Representative
Page 5
Rx Date/Time
Sep. 2. 2008
5EP-05-2008(FRI) 16:05
08PM
No.5647 P. 2
P. 002
1 • 1• � I 1:1
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AM)
UTILITY EASJ .w VACATIONS
Date Zr, Zoo,
UWity Coarpanr ,4Ep Sk/c &>
Applicant Name 't H// Aat4LI. cApplicant Phone: '/ - H $ 8 Z
REQUESTED VACATION (appliamt must check all that apply):
Utility Easem t
Rightof-way for alley or streets and all utility easltts located within the vacated right -
of. way.
Alley
QStreet rightcf-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follow,:
pit rc
IL."rAhy Fm)
g II
•.. .•i .• .vi. .::•.-•:.• .. '• . • •mss •s• 'w .r •:
9,
nrgnawre of tfility Company Representative
Rlkl AG FY7
6M
UTIf1TY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
... -
UTIfnfYEASEMENT VACATION$ .
D°tm Ava Zr, ZOOIj
Utility Cisiijaany_
APP' .��eristi//5 Rtifi�rs,,�L,GG A�>��Pno� y7y �/9_e• Z
REQUESTED VACATION (applinmtmust dawball that apply):
tO utmyEaaaneM
t.;fsun " R�IK y .Mraley or and all utility eanmtskatdwithmthevaatedugM-
of- way.
• D Alley
Shay right-of-way
I line been notified of the petition to vaeMe the following (alleeaemmt, d of-
tY• ght way), desm6ed as follow,:
Gment lomtion/Addr a(refemng to athcbed dv®eet- mast be completed") 3357 ____ N 4o pn7
g7,1.0elPA�a,.yhystlej
GITTA[Hlggaf dmaipilot mtdgr Artc.tD.' afadon of what is bdrtgoamted.SURVEY)
Urnm WMPANY ODNOARNM
No objemom to tbe vacabm(s) desm'bed above.
No objections to the vacations) described above, provided following described eos i its
are m late& (ate the location, detentions, and parposx below.)
No objeriiocis pmoided the fogowhgeonditioco are met
Signetore of11Wiitty Company Repmamtative
(A flat
Pugs
OT1L Y APPROVAL FORM
FOR RIGHT -OF- WAY, ALLEY, AND
UH[T1Y EASFW[ rVACATIONS
m1e Avg Z9-, ZD0R
Utility Company:
Appliamt Name 7a//SJ H.'//3 py4jeyr. ILL Appbmat Fnmte '7g- fl -5 &
REQUESTED VACATION (applicant must drcd off that apphj):
ED Utility Easement
Right-of-way fez alley or streets and all utility easeurans located within the vacated right-
of-way.
Alley
Shectaght-of-way
I have been notified of the petition to vacate the following (alley, ease ,errd, rightof-wa➢), described as follows:
General locationIAddress(refe®g to attached dornment-mustbe campleled') 335/ WediwgioU t1it
(lANford P.f rtyhy l:&)
(ATTACU legal description and graphic tcpresenMtion of what is being verated-SHRYE))
tIlIIIUI'tt ut : IST7Fr75Xtgt5lJIIC
I I l .ecti 11 1 ..sti I Yscribe ..1. 1 1 . S• followingd Y 1, M YI Y\
r I. 1 \ 1 ♦.1io 11 ,1. 11-'IY I'
No objections provided the following mnditinns are met
4.
Title f
Pag5
Or'RIry APPROVALPORM
FOR RIGHT- OF WAY. ALEX AND
DiEhTY EASEAWn VACATIONS
ml Avg 2i, Zoo,
Utility Corn panp
._... Appliont Name /csf �+//5 PRbk/t L/.c A pIiiantPnonc y%9 q74 5Jfl
REQVB TED VACATION(appliomf nn¢1 du& it that vppty): ---
O UtilityEasement
&-wayf-wayfor ol]yoxshatvmd o0 uhtityeasenigda loch dwithin thevamted dgbt-
of -way.
Amy
• O StsmtdgM-of-wey
Iheveban noE6ed of tie peti&nlovate the fdlowbi ale
g( y<atmeN. dgMgF-of as Follows
6rnml location (Address (re(®gbaMxheddommem-mustbemmplelyd••) 3j -fl WeliNqdo✓M't
/9AMf ! PAdH/apA�' Silo
(ATfAU! fegf dt c4Uon aadgnq'Mc aguesentation ofmbaf is !'dig ucandSURVEl)
OTf in ca''ANy COb11v=vfENT&
® NOObjaliorstothevamlimi(s)desmtNobove.
ONo oI*simt5 m the Van tinu(s)dt,ed above, pmid& following desalted eaasme
me nlainnl. (Slata the lomtmt, dmwndon; and pu`pos¢below.)
No objections providd do fofowing conditions axe oet
a.uwm) orvuuty_ompry—ps®dative ... ._
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Page 1 oil
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%2OSettings\cpearman.000\Local%2OSettings\Temp\XPgrpwise\491 C4C21F
11.13.08
RECEIVED
�n Democrat
% �j N0V 202008
Arkansas Democrat (0azeu CITY OF FAYETTEVILLE
�, -� -� CITY CLERK'S OFFICE
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 5194
November 15, 2008
Publication Charge : $112.98
Signed:
Subscribed and sworn to before me
This/f day of jgej 4tdgt , 2008.
Notary Publicii-��
My Commission Expires: t19a f , oZd�o2
Do not pay from Affidavit, an invoice will be sent
RECEIVED
NOV20 0 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
10 SUB-
WAY. A TOTAL OF 0.29 ACRES. 1 U V t4%' 1 11ly
und r the City to ail has the authority ri
;• ARKANSAS
undo; A.C.A.A.O.r 14-54-104vAch to vacate public grounds
WHEREAS, ponlons Hereof which ere not required for corporate purposes; end
waI the City Council has determined that the following described portion of me platted
dghtcf-way Is not required for corporate purposes; I'
NOW. THEREFORE. BE IT ORDAINED BY THE CIT', COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS; Pt
Section 1: That the City Council of the City of Fayetteville, Arkan s hereby vacates and abandons
the following described right-of-way:
Sae Exhibit -B. attached hereto and mail a pan hereof.
N
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 record.
ad in the Deed Records of the County. 'It
Section 3: That this vacation approval is subject to the Conditions of Approval as Idlows, and shall
fbi be in effect until all conditions are met herein. I y`r
Li
1. Any relocation or damage to existing facilities shall be at Me Owner/developers expense.
PASSED and APPROVED this 6th day of November, 2008.y{,11
APPROVED: ATTEST: II
'Ais a map and may be viewed M Me once of the City,Clerk/Treasurer during normal
EXHIBIT VAC 0&3110110 iI
TRACT D OF THE LOT SPLIT FILED FOR RECORD OCTOBER 29, 1996, DOCUMENT 4 96068085
BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: FIB o.
A PART OF THE FRACTIONAL NORTHWEST QUARTER (NW 1/14) OF THE SOUTHWEST QUARTER
(SW 114) OF SECTION SEVEN (7), IN TOWNSHIP 16 NORTH, OF. RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT
A POINT WHICH IS NORTH 00 DEGREES 08 MINUTES 00 SECONDS WEST. A DISTANCE OF
779.80 FEET AND NORTH 89 DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF 261.05
FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRES TRACT; THENCE NORTH 89
DEGREES 20 MINUTES 01 SECONDS WEST, A DISTANCE OF1 25.00 FEET, THENCE NORTH 00
DEGREES 0B MINUTES 00 SECONDS WEST, A DISTANCE OF 505.74 FEET THENCE SOUTH 89
DEGREES 06 MINUTES 17 SECONDS EAST, AS DISTANCE OF 25.00 FEET; THENCE SOUTH 00
DEGREES 0B MINUTES 00 SECONDS EAST. A DISTANCE OF505.64 FEET TO THE POINT OF
BEGINNING. CONTAINING 12642.23 SQUARE FEET OR 0.29 ACRES. MORE OR LESS.