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HomeMy WebLinkAboutOrdinance 5202 Doc ID : 012632840003 TVDe : REL Recorded : 12/23/2008 at 02 : 31 : 22 PM Fee Amt : $25 . 00 Pace 1 of 3 Washington Countv , AR Bette Stamos Circuit Clerk F11e2008-00039832 ORDINANCE NO. 5202 AN ORDINANCE APPROVING VAC 08-3130 SUBMITTED BY DONNA STEWART FOR PROPERTY LOCATED AT 1326 SOUTH CHINA BERRY LANE TO VACATE A PORTION OF A UTILITY EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 81 .6 SQUARE FEET. 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 redevelopment or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. PASSED and APPROVED this 2nd day of December, 2008 . c a G* S o s o G APPROVED: ATTEST: _ ; FAYEITEVILLE ; . _ 'A, ` S By: Aalo M14Z By: DA COODY, Mayor SON E. SMITH, City Clerk/Treasurer "! G?®i;.eG"��� EXHIBI V. n' NIN COR. LOT 82 6 d o in +o 0 C w(—P) S8wW—® 1-9. 6w'S89'A30 —w- 10_9.51 5' ACCESS ESMT. 0 IL C Iq C. j ' c K� 1 50' ELECTRIC ESMT, IN s. � I` w 0 — c a a - 4 — o — c —C a o0.29± ACRES � 12,695.0t 50. FT. ICAI OTE 'V e ' � o V ' 1 1 -STORY w 1 BRICK h FRAME �o 10326 .. 38.1' Z S69'J M-E " r 109.95 0 N u t6 fU: 4T AO 10' U.E. 10 8 N89436'00'19 (P) S89-44'56E 110. 10" 109.99' AREA OF ENCRQACNMENI 8I.6t SO. FT.. LINE BEARING DISTANCE Ll N00'7337 10.00' L2 589'36'00 25.46' L3 569'36'00 E 41.90 L4 500'35 49'W 2.02 . LS N8-9'-2-3-33V- 41 .90- L6 N00']6'27 1 .67 EXHIBIT `B" VAC 08-3130 A PART OF LOT FIFTEEN ( 15), MAGNOLIA CROSSING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT FIFTEEN ( 15), SAID POINT BEING AN EXISTING NAIL; THENCE N 00 DEGREES 13 ' 37"E 10.00 FEET ALONG THE WEST LINE OF SAID LOT FIFTEEN (15) TO A POINT ON A NORTH LINE OF AN EXISTING TEN (10) FOOT WIDE UTILITY EASEMENT; THENCE S 89 DEGREES 36'00"E 25.46 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING. SAID POINT BEING ON THE WEST ROOF OVERHANG OF AN EXISTING HOUSE; THENCE S 89 DEGREES 36' 00"E 41 .90 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO A POINT ON THE EAST ROOF OVERHANG OF SAID HOUSE; THENCE S 00 DEGREES 35'49"W 2.02 FEET TO THE INTERSECTION OF THE EAST ROOF OVERHANG AND THE SOUTH ROOF OVERHANG; THENCE N 89 DEGREES 23 ' 33"W 41 .90 FEET ALONG THE SOUTH ROOF OVERHANG TO THE INTERSECTION OF THE SOUTH ROOF OVERHANG AND THE WEST ROOF OVERHANG; THENCE N 00 DEGREES 36'27"E 1 .87 FEET TO THE POINT OF BEGINNING, CONTAINING 81 .6 SQUARE FEET, MORE OR LESS. Washington County, AR I certify this instrument was filed on 12/23/2008 02:31 :22 PM and recorded in Real Estate File Number 2008-0003983 Bette Stamps - Circuit Cl by ity of Fayetteville Staff Review Form , D I City Council Agenda Items 5 Q and Contracts, Leases or Agreements V Tn- IQ c4' 313 w7orz, 1212/2008 City Council Meeting Date Agenda Items Only Jeremy Pate` Planning Operations Submitted By Division Department Action Required: VAC 08-3130: (Sisemore, 556): Submitted by Donna Stewart for property located at 1326 South China Berry Lane. 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 # Departmeni Director Date Original Contract Date: Original Contract Number: City Date Received in t II- I1 ^ 08 Clerk'sOffic Finance and Intemal Service Director Date Received in 019 Mayor's Office Mayor Date Comments: Revised April 16, 2007 City Council Meeting of December 2, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations �p From: Jeremy C. Pate, Director of Current Planninga` Date: November 13, 2008 Subject: Vacation for Sisemore (VAC 08-3130) RECOMMENDATION Staff and the Planning Commission recommend approval of an ordinance vacating a portion of a utility easement on the subject property. BACKGROUND The subject property is located at 1326 South China Berry Lane, north of Sixth Street and west of the Lowe' s. The 0.29 acre property is bound by utility easements at the west, east, and south property lines and contains one single-family dwelling, which was constructed in 2000. Based on the submitted survey, the structure encroaches approximately 2' into the 10' utility easement located along the south property line. The applicant is requesting to vacate a portion (approximately 81 .6 square feet) of the easement at the south property line to bring the house into compliance. DISCUSSION Notification was provided to the City with no objections to the requested utility 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. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 08-3130 SUBMITTED BY DONNA STEWART FOR PROPERTY LOCATED AT 1326 SOUTH CHINA BERRY LANE TO VACATE A PORTION OF A UTILITY EASEMENT ON THE SUBJECT PROPERTY, A TOTAL OF 81 .6 SQUARE FEET. 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 redevelopment or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. Page 2 Ord. PASSED and APPROVED this day of 12008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT' e. t NW COR, LOT 82 a 0 o ^ 6 N W otl N m FI 589'43009"E (P) S89'44dWE !09.58' 109.57 .! 5' ACCESS ESMf. # 1 I C C I N f C <. I 50' ELECTRIC ESAn. --�— t t t G 6 0 r m I � �� I h m Ix -----LOT 15—_ , �b3, I 0.290 ACRES 12,695.00 S0. FT. M1 � 1 it Z 1 V I _ 1 _STORY w I BRICK & FRAME �o HOUSE !'1 `1326 J' y m 26.1' 9a f m I O I D M2 - 589'J6O0Y i L3 2 L6 4 i 8,7 m 10' U.E. m B 4 t N8936'00"W (P) S89'44'56T I Lo. l0' 109.99' O < AREA OF ENCROACHMENT* . . . - 81.60 SO. FT. . LINEBEARING DISTANCE L1 OP13'37E Nlow L2 589'36'00"E 25.46' l3 589'36'DD E 4190' L4 SOP3549W 2.02' - l5 N89'23'3] 41.90' L6 NOP36'270E 1.67' EXHIBIT "B" VAC 08-3130 A PART OF LOT FIFTEEN ( 15), MAGNOLIA CROSSING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT FIFTEEN ( 15), SAID POINT BEING AN EXISTING NAIL; THENCE N 00 DEGREES 13 ' 37"E 10.00 FEET ALONG THE WEST LINE OF SAID LOT FIFTEEN ( 15) TO A POINT ON A NORTH LINE OF AN EXISTING TEN ( 10) FOOT WIDE UTILITY EASEMENT; THENCE S 89 DEGREES 36'00"E 25.46 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING. SAID POINT BEING ON THE WEST ROOF OVERHANG OF AN EXISTING HOUSE; THENCE S 89 DEGREES 36'00"E 41 .90 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO A POINT ON T14E EAST ROOF OVERHANG OF SAID HOUSE; THENCE S 00 DEGREES 35'49"W 2.02 FEET TO THE INTERSECTION OF THE EAST ROOF OVERHANG AND THE SOUTH ROOF OVERHANG; THENCE N 89 DEGREES 23 ' 33"W 41 .90 FEET ALONG THE SOUTH ROOF OVERHANG TO THE INTERSECTION OF THE SOUTH ROOF OVERHANG AND THE WEST ROOF OVERHANG; THENCE N 00 DEGREES 36'27"E 1 .87 FEET TO THE POINT OF BEGINNING, CONTAINING 81 .6 SQUARE FEET, MORE OR LESS. e �1 T1 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: Dara Sanders, Current Planner THRU : Jeremy Pate, Director of Current Planning DATE: Oeteber- Updated November 13, 2008 VAC 08-3130: (SISEMORE / CHINA BERRY LN., 556) : Submitted by DONNA STEWART for property located at 1326 S. CHINA BERRY LANE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.29 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Dara Sanders Findings: Property Description: The subject property is located at 1326 South China Berry Lane, north of Sixth Street and west of the Lowe's. The 0.29 acre property is bound by utility easements at the west, east, and south property lines and contains one single-family dwelling, which was constructed in 2000. Based on the submitted survey, the structure encroaches approximately 2' into the 10' utility easement located along the south property line. Request: The applicant is requesting to vacate a portion (approximately 81 .6' ) of the easement at the south property line to bring the house into compliance. CITY OF FAYETTEVILLE : RESPONSE Water/Sewer No Objection Transportation No Objection Solid Waste No Objection UTILITIES RESPONSE Ozarks Electric No Objection Cox Communications No Objection Southwestern Electric Power Company No Objection KA Repons\2008\PC Repods\21 - November 10\VAC 08-3130 (Siscmore).doc Arkansas Westem Gas No Objection AT&T Arkansas No Objection Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3130 to the City Council with a recommendation of approval with the following conditions of approval : 1 . Any redevelopment or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action : x Forwarded ❑ Denied ❑ Tabled Date: November 109 2008 Motion: Winston Second: Lack Vote: 7-0-0 KARcpor1s\2008\PC Reports@I- November 10\VAC 08-3130 (Sisemom).dm September 29, 2008 City of Fayetteville Planning Commission RE: Description of Request Please accept this letter as a written description of the request we are making regarding the attached application. The property located at 1326 S . China Berry Lane, Fayetteville, Arkansas, had a survey performed and it was discovered that the dwelling encroached onto/over a utility easement along the South side of the property. The dwelling was built approximately 2000; however, a survey had not been requested prior to March, 2007. Since the encroachment has been discovered, we are making application to vacate that portion which the dwelling is built over/onto the existing easement. I have had the surveyor locate the encroaching area, notified all surrounding owners, utility companies and city officials required with no objections for any of the above. With said application being submitted, we are requesting that the vacation of the encroached area be granted as it has been this way for approximately 8 years and current owner inherited the issue. The city inspectors' office did not notate an encroachment at the time the dwelling was under construction and inspected, as all inspections were passed and approved prior to the Certificate of Occupancy being granted. Thank your for your time and consideration of this application and request. Si��ncnne''rely, /�`"' Donna J. Stewart Representative for Jonathan and Amber Sisemore • 'c NW COR. 1 LOT 82 O O 0 Z a kS89443'09"E (P) S8944456"E 109.68' 109.51' 9.45' ACCESS ESMi. _a CD w w -w -w -L C N C [ _ I C I 50 ELECTRIC ESMT. N In'- - < — G —c —I -C G—G�_G�G—�r i I In 6i I , —_L0T 15_ x I 0.29± ACRES ____ __12,695.0± SQ. FT. n ^ I 4 I � ti e 0 25.0 a e - '° 1 -STORY w BRICK & FRAME e 0 i� HOUSE n° 81326 I I 26.1 va CC)) 0 '(I Imil _ Z U Z _ 584 Z6 0L6 w] W 109.95 �_ — L5 .. LdT y N8936'00"W (Pj S8944'56'£ 110.10 109.99' 0 l AREA OF ENCROACHMENT 81.6± SQ. FT. 3 • PETITION TO VACATE AN EASEMENT LOCATED IN LOT 15, MAGNOLIA CROSSING, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate which includes the utility easement hereinafter sought to be partially abandoned and vacated, lying in Lot 15, Magnolia Crossing, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate part of an easement which is described as follows: See Attached Description That the real estate affected by said partial vacating of said easement only effects Lot 15, Magnolia Crossing, City of Fayetteville, which is used by the utility companies and they have indicated that the vacating of that portion encroaching, further described above, would not effect the property adversely nor their ability to access utilities located within said easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the current property owners as already deeded and provide by law. WEREHFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to the balance of said utility easement. Dated this 10th day of July, 2008. Sisemore Amber Sisemore ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION Date: July 15, 2008 Address of Property: Legal Description of Subject Property: Adjacent Property Address: 1326 S. China Berry Lane, Fayetteville, Arkansas 72704 Lot 15 Magnolia Crossing Subdivision Fayetteville, Washington County, Arkansas i z 5c s O NINA aCnw4 L..swt Fayetteville, AR 72704 REQUESTED VACATION: I have been notified of the petition to vacate encroachment of dwelling onto/over existing utility easement: See attached survey for highlighted detail of encroachment ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested request to vacate and decline to comment. I do not object to vacating that portion of dwelling encroaching onto/over shown utility easement. I do object to the request to vacate because: ' 5yly, J3ame of AdiacentYroperty QxQner (printed) z VAdjace t Property Owner icant Name: Jonathan Sisemore and Amber Sisemore S; ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION ' Date: July 15, 2008 Address of Property: Legal Description of Subject Property: Adjacent Property Address: 1326 S. China Berry Lane, Fayetteville, Arkansas 72704 Lot 15 Magnolia Crossing Subdivision Fayetteville, Washington County, Arkansas /,? l� s G`f/'.ya /�G2t2Y to 't Fayetteville, AR 72704 REQUESTED VACATION: I have been notified of the petition to vacate encroachment of dwelling onto/over existing utility easement: See attached survey for highlighted detail of encroachment ADJACENT PROPERTY OWNERS COMMENTS: /I have been notified of the requested request to vacate and decline to comment. V I do not object to vacating that portion of dwelling encroaching onto/over shown utility easement. I do object to the request to vacate because: ,1.�11x�E ame of Adj ent Property Owner (printed) a re of Adjacent operty Owner Applicant Name: Jonathan Sisemore and Amber Sisemore •) • ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION Date: July 15, 2008 Address of Property: Legal Description of Subject Property: Adjacent Property Address: REQUESTED VACATION: 1326 S. China Berry Lane, Fayetteville, Arkansas 72704 Lot 15 Magnolia Crossing Subdivision Fayetteville, Washington County, Arkansas 13 S. CNiNat&D.2Y c-Fw2 Fayetteville, AR 72704 I have been notified of the petition to vacate encroachment of dwelling onto/over existing utility easement: See attached survey for highlighted detail of encroachment ADJACENT PROPERTY OWNERS COMMENTS: have been notified of the requested request to vacate and decline to comment. ____I do not object to vacating that portion of dwelling encroaching onto/over shown utility easement. I do object to the request to vacate because: (printed) Owner Name: Jonathan Sisemore and Amber Sisemore •1 •; at&t CONCURRENCE TO REDUCE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Belt Telephone Company, d.b.a. AT&T Arkansas, hereby concurs in the abandonment of a portion of a dedicated utility easement, to -wit: The northernmost two feet (2') of a ten foot (10') dedicated utility easement located along the southern lot tine of Lot 15 of the Magnolia Crossing Subdivision to the City of Fayetteville, Washington County, Arkansas Signed and executed this / day of Septemp', 2008.,_ Davis •-Engineering/Construction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the It day of September, 2008, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declared that he is the Director-Construction/Engineering for Sotie western Bell Telephone Company, d.b.a. AT&T Arkansas, and that he executed the foregoing [ t as the act and deed of said company of his own free wilt and for the purposes and tops%9z?taaions therein expressed and with due authority. j; ` I5Qitiiess whereof I hereunto set my hand and official seal. fURUG 11cccc. 't .t(R Ypthstrument prepared by AT&T •,,, .11--W. Capitol, Room 941 Little Rock, AR 72201 (501-373-5255) y E. Sommerfeldt Pal r No ary Public in & for Faulkner Co., AR My commission expires August 10, 2011 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 09/16/08 UTILITY COMPANY: Southwestern Bell Telephone Co. d.b.a. AT&T Arkansas REQUESTED VACATION: UTILITY EASEMENT I have been notified of the petition to vacate the following right-of-way in Fayetteville: Described as follows: The northernmost two feet (2') of a ten foot (10') dedicated utility easement located along the southern lot line of Lot 15 of the Magnolia Crossing Subdivision to the City of Fayetteville, Washington County, Arkansas UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitute a release of easement. The attached Concurrence must be recorded at the Washington County courthouse in order for this release to be complete and legal. Signature of AT&T Company Representative: to �_ Ly a E. Sommerfeldt Pal er, Mgr.-Engr. (ROW) UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: iI rSAul UTILITY COMPANY: AEP/sWepc D APPLICANT NAME: T v rn..& 51cer..a-a. APPLICANT PHONE4 9.5Q5-4597 REQUESTED VACATION (applicant must check g( that app(y): 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 hove been notified of the petition to vacate the following (alley, rg emmn right -of --way), described as follows: General location / Address (referring to attached document- most be completed"') •" 1311O S rt4WA04c, , y 4ANe, FAvtnrutr. E 1h2 7oy --- (ATTACH legal description rt d graphic representation of what is being vacated-SURVEV 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.) AVn OAJEC7/ai TO VAC4T/A16 7/-/A7 PO/T/OA! OF tASM<:NT DC/.YG CUeROACHED, PAOV/DING THE RE,MA)P!l,V6 AeASCAM-11T IS XeTAIAIZ-D • No objections provided the following conditions aremet J (aAAA A.'3 -'QS - Signature of of Udty Representative R/cN7 /JA -v AO&wr Title February 2006 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: Coo( C_'onrmrin.C�c S APPLICANT NAME: ZTh.)erwanl 5t_cei. n APPLICANT PHONE:y75-595-9597 REQUESTED VACATION (applicant must check atl 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, easemva: rig/tt-of-way), described as follows: General location / Address (referring to attached document- must be completed**) 13Z6 S. l'HrntA'ri r-2rL't LArJe3 Flay 7rn , !-h1.77ay (A TTA CH 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: Si eofUtilitytComp�Rep e Fieldl anrP/i Title February 2006 rage 5 8- 1-08; 4:42PM;AWG Dispatch Pay, AP • .) ;4795828258 # 2/ 3 • UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 7/'C/o? UTILITY COMPANY: ttJE�Tt�xl <}, `OtIt44g APPLICANT NAME:;LxJ1?'xa,J Stcesa-z APPLICANTPHONE:d/W595-8597 REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-cf-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have bean notified of the petition to vacate the following (alley, ease ant right-of-way), described as follows: General location I Address (referring to attached document- must be completed) "" i 31(o S. CNt,va72t.pay t4+' -e.1 /5i1? it au /a.L-agpq (A TTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: a 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.) 11 0 I .1 .1 4 1 , I. 11 /1 I a v., t �r —CeMQhA!'1 Pr n/ -Me 'ease nn Pr Z I / /Puna A • No objections provided the following conditions are -met: Febn ary 2006 Pages UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: OZ Al2KS £/eafet C-.. APPLICANT NAME: 3, ✓ftflsinh,5t_ceMcn APPLICANT PHONE475-595-9597 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, earsen mj right-of-way), described as follows: General location / Address (referring to attached document must be completed"') •• 132to S CNtr t4 ,tztty uwt, PWt'rt+ut r A,c 7awy (ATTACH legal description and graphic representation of what is being vacatedSURVE19 UTILITY COMPANY COMMENTS: ONo objections to the vacatitin(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 ©Z*eK5- E/eCf'r-1C. ignatttre or Utility Co�any Representative Leaoe 5+q, Kti t re cC Title fns$ gddresf is Nor in oZARKs ferutcc wrecL, 4CY Serves darts 44Sresf wt44t electric. February 2006 Pages VAC08-3130 SISEMORE/CHINA BERRY LN Close Up View 9 SUBJECT PROPERTY Overview V -. DIY - _. a. Iry fir• air -... �a 20 40 60 811 10 —..e Fee! Cryrr CD—' • 0 0 0 RECEIVED Arkansas Democrat 7 (Fazette 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 FAYETTEVILLE CITY CLERKS 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 5202 December 7, 2008 Publication Charge : $118.36 Signed: Subscribed and sworn to before me This/0 day of �� 2008. Notary Public a_i __� �HA.,1gR My Commission Expires: G �a�a OGou,M.Eya.!is Do not pay from Affidavit, an invoice will be sent W: �. • Pus ti '4.,. W � e 9 RECEIVED DEC 10 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE AN ORDINANCE APPROVING VAC 08-3130 SUB MITTED BY DONNA STEWART FOR PROPERTY LOCATED AT 1326 SOUTH CHINA BERRY LANE TO VACATE A PORTION OF A UTILITY EASEMENT ON THE SUBJECT PROPERTY. A TOTAL OF 816 SOUARE FEET yT e evi le ARKANSAS WNOUAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or purt ns inereol which are not required for cor- porate purposes; and WNERSAS, the City Council has determined that the follo.�mg described portion 04 me platted util- ity easement is not required for corporate purposes. NOW, TIOUFORE, 0E IT ORDAINED 0Y THE CITY COUNCIL OF THE CRT OF FAYSTTSYILLS, 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 rade a part hereto. Section 2'. That a copy of tNs Ordinance duty eotilied by the City Clerk along with the map attached hereto and labeled Exhibit'Ashall 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 follow, and shall not be in effect until all conditions are met herein. 1. My redevelopment or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lies and Master Street Plan right-of-way, height restrictions, and so forth MSSf and APPROVED this 2nd day of December, 26. APPROVED ATTEST: By: By DAN COODYr Mayo. *ONORA IL EARTH, CRY GMRVF Exhibit A is a map and may be viewed in the office of the City Clerk7Treasurer during normal busi- ness hours. EXHIBIT'S' VAC 0&3130 A PART OF LOT FIFTEEN (15). MAGNOLIA CROSSING. A SUBDIVISION TO THE CITY OF FAYET- TEVILLE,'ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT FIFTEEN (15). SAID POINT BEING AN EXISTING NAIL, THENCE N 00 DEGREES 1337E 10.00 FEET ALONG THE WEST LINE OF SAID LOT FIFTEEN (15) TO A POINT .OM A NORTH LINE OF AN EXISTING TEN (10) FOOT WIFE UTILITY EASEMENT; THENCE S BB DEGREES 3600'E 25.46 FEET ALONG THE NORTH LINE OF SAID EASEMENT TO THE TRUE POINT OF BEGINNING. SAID POINT BEING ON THE WEST ROOF OVERHANG OF AN EXISTING HOUSE; THENCE S 89 DEGREES 36'00'E 41.90 FEET ALONG THE NORTH LINE OF SAID EASE- MENT TO A POINT ON THE EAST ROOF OVERHANG OF SAID HOUSE; THENCE S 00 DEGREES '354WW 2.02 FEET TO THE INTERSECTION OF THE EAS1 ROOF OVERHANG AND THE SOUTH ROOF OVERHANG, THENCE N 89 DEGREES 23'33'W 41 90 FEET ALONG THE SOUTH ROOF 'OVERHANG TO THE INTERSECTION OF THE SOUTH ROOF OVERHANG AND THE WEST ROOF OVERHANG; THENCE N 00 DEGREES 3627'E 1.87 FEET 1O THE POINT OF BEGINNING, CON- TAINING 81.8 SQUARE FEET, MORE OR LESS. 0 • Page I 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%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49393927FA... 12.5.08