HomeMy WebLinkAboutOrdinance 5201 Doc ID : 012632830003 Tvoe : REL
Recorded : 12/23/2008 at 02 : 30 : 52 PM
Fee Amt : $25 . 00 Pace 1 of 3
Washinaton County . AR
Bette Stamps Circuit Clerk
File200840039831
ORDINANCE NO. 5201
AN ORDINANCE APPROVING VAC 08-3136 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED AT CMN BUSINESS PARK II, LOTS 8
AND 14, NORTHEAST CORNER OF STEELE BOULEVARD
AND VAN ASCHE DRIVE TO VACATE A PORTION OF A
UTILITY EASEMENT, A TOTAL OF 0.61 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 be at the owner/developers expense.
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PASSED and APPROVED this 2nd day of December, 2008. r, : G ` • �'�';
APPROVED : ATTEST: _ : FAYETTEVILLE ;
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By: By:
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DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT `B"
VAC 08-3136
A PART OF LOTS 8 AND 14 OF CMN BUSINESS PARK II, PHASE I TO THE CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER
OF SAID LOT 8,THENCE NORTH 2000150" EAST ALONG THE EAST LOT LINE OF
SAID LOT 8 A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, THENCE
NORTH 87031 ' 14" WEST - 20.00 FEET TO A POINT ON THE WEST LINE OF AN
EXISTING 20 FOOT PLATTED UTILITY EASEMENT; THENCE ALONG SAID WEST
LINE NORTH 2014'58" EAST - 670.36 FEET TO A POINT ON THE SOUTH LINE OF A
DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II, PHASE I
SUBDIVISION PLAT; THENCE SOUTH 80° 16'49" EAST - 20. 17 FEET TO A POINT
ON THE WEST LOT LINE OF SAID LOT 14; THENCE CONTINUING SOUTH 801649
EAST 20. 17 FEET TO A POINT ON THE EAST LINE OF AN EXISTING 20 FOOT
PLATTED UTILITY EASEMENT, SAID POINT BEING ON THE SOUTH LINE OF A
DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II, PHASE I
SUBDIVISION PLAT; THENCE ALONG THE EAST LINE OF SAID EXISTING 20
FOOT PLATTED UTILITY EASEMENT SOUTH 2014'59" WEST - 665 .27 FEET;
THENCE NORTH 873114 WEST 20.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.61 ACRES, MORE OR LESS.
Washi� ngton County, AR
I certify this instrument was filed on
12/23/2008 02:30:52 PM
and recorded in Real Est
File Number2008-0003 3
Bette Stamps - Circ it r
by
City of Fayetteville Staff Review F O
feel &10
City Council Agenda Items 5� 0
and
Contracts, Leases or Agreements V46 0- 3136
12/2/2008 eMN &*APti
City Council Meeting Date i°ax'K
Agenda Items Only
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 08-3136: (CMN Business Park II, 173): Submitted by McClelland Consulting Engineers for property located
at CMN Business Park II, Lots 8 and 14, northeast corner of Steele Boulevard and Van Asche Drive. 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
Sin Previous Ordinance or Resolution #
Department Director Date
/ r Original Contract Date:
Original Contract Number:
City-A rney Date
Received in City "!W"'
Clerk's Office
Finance and Internal Service Director Date
Received in QEKTErN
� Mayor's Office8
/%�� rn &
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of December 02, 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
Datc: November 13 , 2008
Subject: Utility Easement Vacation for CMN Lots 8 & 14 (VAC 08-3136)
RECOMMENDATION
Staff recommends approval of an ordinance vacating a portion of a utility easement on the
subject property.
BACKGROUND
The subject property consists of Lot 8 and Lot 14 of CMN II Phase I and II respectively.
The lots are located at the northeast corner of Van Asche Drive and Steele Boulevard and
are currently undeveloped. The 0.61 -acre easement is centered on the lot line between
lots 8 and 14 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 easement vacation. This item was heard at the regular Planning
Commission meeting on November 10, 2008 and forwarded by vote of 7-0-0 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 08-3136 SUBMITTED
BY MCCLELLAND CONSULTING ENGINEERS FOR
PROPERTY LOCATED AT CMN BUSINESS PARK II, LOTS 8
AND 14, NORTHEAST CORNER OF STEELE BOULEVARD
AND VAN ASCHE DRIVE TO VACATE A PORTION OF A
UTILITY EASEMENT, A TOTAL OF 0.61 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 be at the owner/developers expense.
PASSED and APPROVED this day of 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
VAC 08-3136
A PART OF LOTS 8 AND 14 OF CMN BUSINESS PARK II, PHASE I TO THE CITY
OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS : FROM THE SOUTHEAST CORNER
OF SAID LOT 8,THENCE NORTH 200150" EAST ALONG THE EAST LOT LINE OF
SAID LOT 8 A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, THENCE
NORTH 87°31 ' 14" WEST - 20.00 FEET TO A POINT ON THE WEST LINE OF AN
EXISTING 20 FOOT PLATTED UTILITY EASEMENT; THENCE ALONG SAID WEST
LINE NORTH 2014'58" EAST - 670.36 FEET TO A POINT ON THE SOUTH LINE OF A
DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II , PHASE I
SUBDIVISION PLAT; THENCE SOUTH 801649" EAST - 20. 17 FEET TO A POINT
ON THE WEST LOT LINE OF SAID LOT 14; THENCE CONTINUING SOUTH 801649
EAST 20. 17 FEET TO A POINT ON THE EAST LINE OF AN EXISTING 20 FOOT
PLATTED UTILITY EASEMENT, SAID POINT BEING ON THE SOUTH LINE OF A
DEED RESTRICTION AREA AS SHOWN ON CMN BUSINESS PARK II, PHASE I
SUBDIVISION PLAT; THENCE ALONG THE EAST LINE OF SAID EXISTING 20
FOOT PLATTED UTILITY EASEMENT SOUTH 214'59" WEST - 665 .27 FEET
THENCE NORTH 873114 WEST 20.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.61 ACRES, MORE OR LESS.
Faye LTev11 PC Meeting of November 10, 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: Never ber4-2008 Updated November 13, 2008
VAC 08-3136: (CMN Business Park II, Lots 8 & 14): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at CMN BUSINESS PARK, LOTS 8
& 14, NE CORNER OF STEELE BLVD. AND VAN ASCHE DR. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 22.75
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 consists of Lot 8 and Lot 14 of CMN II
Phase I and II respectively. The lots are located at the northeast comer of Van Asche
Drive and Steele Boulevard and are currently undeveloped. The 0.61 -acre easement is
centered on the lot line between lots 8 and 14 and contains no existing utility lines.
Request: The applicant is requesting to vacate a portion of the existing 40' 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.
CITY OF FAYETTEVILLE: RESPONSE
K:%epom\2008U'C Reports\21- November IO\VAC 08-3136 (CMN Lots 8_14).doc
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3136 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 D Tabled
Date: October 13, 2008
Motion: Winston
Second: Lack
Vote: 7-0-0 (consent agenda)
KAReports\2008TC Reports121- November 10\VAC 08-3136 (CMN Lots 8_14).doc
Oct . 21 . 2008 3 : 01 PM No. 582.8 P. 2'
IT HATY APPROVAL FORM
FOR RIGAT- 0I6 WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Dates 091PSJo8
vtnilycom,party &mmm
Applicant Name: K%e MWM (McCWUand ConsulUM Engineers) Apphcud Fhamc 478443,2377
REQUESTED VACATION (gTlimnt must ckuk aII that apply).
Q 'UtilityEasemettt
Rigldo€way for alley or street and allutility easements located w4dn the vacated right.
of~ way.
Sheet:igb� way
I bavebeen notified of the petition to vacate the following (alley, easement, right-ohway), described as follow*
General huaftu/Address (referring to attached doenmeo. most be completed")
(ATI'Aaf kgal Amgphm andgraphie frptWWWiwr oJwhat is hffV q vacaead�MMVEY)
UTX'(.ITYCOMPANY CObDdSN 5e
No objections to the vacation(s) descnbed above
CajoiVo objections to the vacation(s) desmbed above provided following described eattemeats
are ret9ned. (State the location, dimeadons, and purpose below.)
5 ✓
No objections provided the toIIowutg cmulitlorn are met:
AtQ: -
time of UMftgZ6up&ny Representative
ride w
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09-. )G ; `, 2 : 12PM ; 0
; 4796844617 # 2/ 2
UTELITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY,AND
UTIIM EASEMENT VACATIONS
Date: 0912 6
UtrlttyComparry -�? zKs ( EC`I"R 1 C.
ApplicantName: Mlle Morgan (McClelland Consulting Engineers) Applicant Phone: 479443.2377
REQUESTED VACATION (9plicmdmast dmkalf rfiatapply):
Utility Eateotmt
Rig "i-way for alley or sheets and aU utility easements located within the vacated rlght-
oF way.
0 fie'
Sheet aghtmok"y
I have been notified of the petition to vacate the following (alley, east nat4 rightaFway), described as follows:
Gcuerai location/Address (referring to attached docameat` must be completed")
(ATTACH legal descr"on and gnWhic rcpmwaahm of mlwt is being awated4 IRFM
UTRM COMPANY CON045M;
No objections to the vacation(s) described above. 'Th + % 15 I AJ Ac P Se �Vi t t lRC!
0 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,
Sipq&MUtility Company Representative
,�- cqc(
TStie
Page3
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 09/25/08
Utility Company: RkAtiSAs k£srtnna Qg
Applicant Name: Mike Morgan (McClelland Consulting Engineers) Applicant Phone: 479.443-2377
REQUESTED VACATION (applicant must check all that apply):
La'Utility Easement
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")
(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.)
..:.....
:....... .. ..::.
...,.,.
..-.,.....y
rv...:....,.
No objections provided the following conditions are met
Page 5
— czTCL UUI Q 120
ruaIo
61-I
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 09/25/08
Utility Company ( : Qx
Applicant Name: Mike Morgan (McClelland Consulting Engineers) Applicant Phone: 479-443-2377
REQUESTED VACATION (applicant must check all that apply):
UtilityEasement
Right-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
0 Alley
Street right-of-way
( have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows
General location / Address (referring to attached document- must be completed"")
(ATTACH legal description and graphic representation of what Is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
4 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
Title
Jan,
Please see below from Sue Clouser with AT&T SWBT.
I hope this will suffice enough for this project to be placed on the next agenda.
Let me know if you need any additional information at this time.
I will be forwarding along Tom Hubbard's comment form later this afternoon.
Thanks,
Leslie
[From: CLOUSER, SUSAN K (ATTSWBT) [mailto:sc9783@att.com]
: Wednesday, October 22, 2008 12:18 PM
tabor@mcclelland-engrs.corn
HARTSFIELD, KENNY (ATTSWBT)
ect: FW: Easement Vacation Request, CMN Business Park Lots 8 & 14
Hi Leslie,
I have gotten out to take a look at this and I don't see any apparent conflicts. If ATT has
facilities present in the area to be vacated any damage to or relocation of these
facilities will be at the owner/ developer's expense. I will forward your information to our
ROW department. You will receive paper work from them which will need to be
recorded at the county court house for the vacation to be official.
Thanks much,
Sue
From: Leslie Tabor [mailto:ltabor@mcclelland-engrs.com]
Sent: Thursday, September 25, 2008 11:22 AM
Jan,Ga;m bill - TEXT.htm `' 2
To: CLOUSER, SUSAN K (ATTSWBT); michael.moore3@cox.com; Twinkler@aep.com;
gmcgee@ozarksecc.com; bpugh@ci.fayetteville.ar.us; jason.combs@cox.com;
kpeters@swn.com; james_boyd@swn.com; jhsargent@aep.com; 'Tom Hubbard';
tgulley@ci.fayetteville.ar.us; HILL, JOHN D (ATTSWBT)
Cc: mmorgan@mcclelland-engrs.com; 'Chris Suneson'
Subject: Easement Vacation Request, CMN Business Park Lots 8 & 14
Submitted for your review and approval is the easement documentation for the above -
mentioned project. Our client is seeking to have the easement in question (please see
attached exhibits) vacated. I have attached a legal description of the easement to be
vacated and a complete survey of Lots 8 & 14. I have also included a utility approval
form made available by the City of Fayetteville.
Please review and let me know if any of you have any questions/concerns, or need any
additional information at this time.
Thanks,
Leslie
Leslie (Munzner) Tabor
McClelland Consulting Engineers
C
1810 N.College Ave.
Fayetteville, Arkansas 72702
Phone. (479) 443 2377
Website: www.meclelland-engrs.com
Notice: This e-mail may contain privileged and/or confidential information and is
intended only for the addressee. If you are not the addressee or the person
responsible for delivering it to the addressee, you may not copy or distribute this
communication to anyone else. If you received this communication in error,
please notify MCE immediately by telephone or return email. Please also delete
the message from your system in a prompt manner.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 09)25/08
Utility Company acc(effeu ll4 Sol:c( kkt d iZ2C�e( va
Applicant Name MAte Morgan (McClelland Consulting Engineers) Applicant Phone: 479.443-2377
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
QRight-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
AEey
Streetright-of-way
I been . ifie 1 1- e t i t i 1• y 1' I 1• 1
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M / III I I' 1 1 1 ♦I r•
1 . II • I N
® 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.)
. ..i' ..' . . . . • . 1 . .. tP.
Pages
10/06/2008 MON 8:03 FAX 4104 4730 WATER & SEWER •
J
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 09/25/08
Utility Company wie ew rla._ Q wxa a...
.
Applicant Name: Mike Morgan (McClelland Consulting Engineers) Applicant Phone: 479-443-2377
REQUESTTD VACATION (applicant must check all that epplyr
ED Utility Easement
ORight-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
OStreet ri&-of-way
• LF • I I L• • 1 1' •' 1 1 •I • E I' • • 1 "JII J V 1 • �'Y•I. • • I
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Pages
• 09/211/2008 18:08 FA% 4794443 COP TRANSPORTATION DIV* O002
a
UTILITY APPROVAL FORM
FOR RIGHT T OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 09!25108
Utility Company.
Applicant Name: Mike Morgan (McCl®Ilend Consulting Engineers) Applicant Phone•.
t�v��6�1'� �1 1�.. 1 i�►Sio�
479-443.2377
REQUESTED VACATION (appliumt must check all that apply):
�tility Easement
Right-of-way for alley or streets and all utility easements located with the vacated right-
of- way.
] Amy
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 (refemag to attached document- must be completed••)
(ATTACH legal daafption and graphic it.,rese ration of what is being vacated -SURVEY)
UTILI'T'Y CO7�7N4000bjecfions
ISIENTS: to the vacation(s) described above.
EDNo objections to the vacation(s) described above, provided following described easements
are retained. (State the location, dhnensons. and purpose below.)
No objections provided the following conditions are met
/455'1sr4s3V —1
mgrs
EASEMENT VACATION DESCRIPTION
A part of Lots 8 and 14 of CMN Business Park II, Phase Ito the City of Fayetteville,
Washington County, Arkansas, more particularly described as follows: From the
Southeast corner of said Lot 8,thence North 2°00'50" East along the East lot line of
said Lot 8 a distance of 25.00 feet to the POINT OF BEGINNING, thence North
87°3 1' 14" West - 20.00 feet to a point on the West line of an existing 20 foot platted
utility easement; thence along said West line North 2°14'58" East - 670.36 feet to a
point on the South line of a Deed Restriction Area as shown on CMN Business Park II,
Phase I Subdivision Plat; thence South 80°16'49" East - 20.17 feet to a point on the
West lot line of said Lot 14; thence continuing South 801649 East 20.17 feet to a point
on the East line of an existing 20 foot platted utility easement, said point being on the
South line of a Deed Restriction Area as shown on CMN Business Park II, Phase I
Subdivision Plat; thence along the East line of said existing 20 foot platted utility
easement South 2°14'59" West - 665.27 feet; thence North 873114 West 20.00 feet to
the POINT OF BEGINNING, containing 0.61 acres, more or less.
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RECEIVED
Arkansas Democrat ( azette
Northwest Arkansas Times
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
DEC 1 0 2008
CITY OF FAYETrEVILLE
CITY CLERK'S OFFICE
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 5201
December 7. 2008
Publication Charge : $112.98
Signed:
Subscribed and sworn to before me
This/c day of ;�e,,,,,�,(�vtJ , 2008.
Notary Public Ign&s-
My Commission Expires: 7.1)ezy 7.1) G do /02
Do not pay from Affidavit, an invoice will be sent
u
•
QmINIiEC{ NO. 5201 �y/7
DINANCE APPROVING VAC 083196 SUB. a e evi le
I BY MCCLELLAND CONSULTING ENGI-
FOR PROPERTY LOCATED AT CMN BUST -
ARK II. LOTS 8 AND 14. NORTHEAST COR-
STEELE BOULEVARD AND VAN ASCHE
-O VACATE A PORTION OF A UTILITY EASE- A 6 N A N S A 5
k TOTAL OF 0.61 ACRES.
n
WHEREAS, the City Ch are
lot has the required orrptlerpure § 14 -an -1p4 to vacale public grauMs
orW portions thereof whichoare noteter for corporatethe purposes; and
WHEREAS, the City Council nee determined that the following described podia, of the planed
Tty easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Sect' at the GIT, L u ,i: < ::o Cit/ ut rayeltev llle.-!ransds "ere, vacates anti doandons
the tollowing described utny easement.
SeeExhibit'Battached hereto and ride a pan hereof. .In
Section 2: That a copy of this Ordinance duly cedified 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
Section 3: That this vacation approval is subject to the Corditions of Approval as fdlows, and shall
not be in effect until all conditions are met herein.
I Any relocation or damage to existing facilities shall be at the owneddevelcpers expense.
PASUD and AMROVII D his 2nd day of December 8108.
APPROVED ATTEST
By
DAN COOOY, Mayw SON DRA IL *1ST H, City Ciwt/MAnN. W
Exhibit A is a map and may be viewed in the office of the City Clerk/Treasurer during norrl,S
tress hours.
M
EXHIBIT B'
VAC 083136 V
14 OF CMN BUSINESS PARK II. PHASE I TO THE CITY OF FAYETTEVILLE,
ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM
IEA OF SAID LOT 8.THENCE NORTH 2°IXp50' EAST ALONG THE EAST
B A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, THENCE
- 20.00 FEET TO A POINT ON THE WEST LINE OF AN EXISTING 20 FOQT
VENT: THENCE ALONG SAID WEST LINE NORTH 2°14.58° FAST - 6
HE SOUTH LINE OF A DEED RESTRICTION AREA AS SHOWN ON CAN
SE I SUBDIVISION PLAT; THENCE SOUTH 80°1645 EAST - 20.17 FEET TO
LOT LINE OF SAID LOT 14; THENCE CONTINUING SOUTH 801649 EAST
ON THE EAST LINE OF AN EXISTING 20 FOOT PLATTED UTILITY EASE
IG ON THE SOUTH LINE OF A DEED RESTRICTION AREA AS SHOWN ON
• PHASE I SUBDIVISION PUT THENCE ALONG THE EAST LINE OF SAID
ITED UTILITY EASEMENT SOUTH 21455 WEST . 665.27 FEET; THENCE
O W FEET TO THE POINT OF BEGINNING. CONTAINING 0.61 AC
LINE OF SAID LOT
TH 877114' WEST
TED UTILITY EASE
TO A POINT ON I
NESS PARK II, PHA
lNT ON THE WEST
' FEET TO A POIN1
T. SAID POINT BEIl
BUSINESS PIJIK I
TING 20 FOOT PEA
TH 873114 WEST
E OR LESS.
RECEIVED
DEC 1 0 2008
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Page 1 of 1
Clarice Pearman - Ords. 5197-5202
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.5.08 2:22 PM
Subject: Ords. 5197-5202
CC: Audit; GIS
Attachments: Audit; GIS
Jeremy:
Attached are copies of the above ordinances passed by City Council December 2, 2008. Please let me know if there is
anything else needed for these items. Have a good day.
Clarice
file://C:\Documents%20and%20 Settings\cpearman.000\Local%20 Settings\Temp\XPgrpwise\49393927FA... 12.5.08