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Home My WebLink AboutOrdinance 56461111lIlll(lllllll IIIII IIIII Illlllllll llllll�llf llf IIIII IIIA lull IIIII IIII IfB Doc ID: 015572780003 Type: REL Kind; ORDINANCE Recorded: O1/27/201a at 10:08:12 AM Pee Amt; $25.00 papa 1 of 3 4laehinpton Countv, AR Kyle Sylvester Circuit Clerk F14014-00001955 ORDINANCE NO. 5646 AN ORDINANCE APPROVING VAC 13-4544 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS FOR PROPERTY LOCATED AT THE INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE TO VACATE A UTILITY EASEMENT 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 in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 following conditions of approval and shall not be in effect until the conditions are met. Any relocation or damage to utilities shall be at the owner/developer's expense. 2. A new sanitary sewer line shall be installed as currently proposed with the Harvey's Hill development, to provide sewer to this site. The proposed sewer line shall enter the existing manhole at no less than 90 degrees from the outgoing sewer. PASSED and APPROVED this 71^ day of January, 2014. ��o``� E.. '. ;fq'�.,� 0 GIT ATTEST: SONDRA E. SMITH, City Clerk/Treasurer § VAC 13-4544 , "U a g �||� � | §, .§.■,! || , ��,------ f SV GH 1 % 3.691MCN m .,, | 4§! ;|! , |,, §| | |§ | ._ � - -- �.-- -- � � | �-—��------ -- -- -- ---- -- - -- �.-- -- � I � I I / l hO kj\ / E5 01 0 � . . j§ ; f o § �-—��------ -- -- -- ---- -- - -- �.-- -- � I � I I / l hO kj\ E5 • ; f o § m� S \� 2 EXHIBIT "B" VAC 13-4544 A 25 FOOT WIDE STRIP OF LAND LYING BETWEEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE ABOVE SAID LOT 1, THENCE SOUTH 87°06'02" EAST - 176.00 FEET TO THE SE CORNER OF THE ABOVE SAID LOT 1; THENCE SOUTH 2°53'58" WEST - 25.00 FEET TO THE NE CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 87°06'02" WEST - 176.00 FEET TO THE NW CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 2053'58" EAST - 25.00 FEET TO THE POINT OF BEGINNING. Washington County, AR I certify this Instrument was filed on 01/27/2014 10:08:12 AM and recorded in Real Estate File Number 2014-00001855 Kyle Sylvester- CircuitClerk by ! �k� Andrew Garner Submitted By City of Fayetteville Item Review Form 2013-0232 Legistar File Number 01/07/2014 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Development Services Department VAC 13-4544: Vacation (HARVEY'S HILL/CENTER AND DUNCAN, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE AND DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to vacate a utility easement. Does this item have a cost? = Cost of this request Account Number Category or Project Budget Funds Used to Date $0.00 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? = Budget Adjustment Attached? = Previous Ordinance or Resolution # Original Contract Number: Comments: _Ww. 117-119f; V20130812 l _201� 4)6, a. 1 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services DirectoA From: Andrew Gamer, City Planning Director Date: December 16, 2013 Subject: VAC 13-4544 (Harvey's Hill/Center and Duncan) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to vacate a utility easement. BACKGROUND The subject property is a 25 -foot general utility easement traversing east -west across property at the southwest corner of West Center Street and South Hill Avenue. The overall site contains approximately 2.08 acres and is proposed to be developed for the Harvey's Hill multi -family project (LSD 13-4524). The subject utility easement contains a sanitary sewer main that will be relocated with the Harvey's Hill development. The applicant has submitted the required easement vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. The applicant's request is to vacate the utility easement as indicated on the depicted exhibit. On December 9, 2013, the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0 on consent agenda. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 13-4544 SUBMITTED BY MCCLELLAND CONSULTING ENGINEERS FOR PROPERTY LOCATED AT THE INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE TO VACATE A UTILITY EASEMENT 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 in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 following conditions of approval and shall not be in effect until the conditions are met. 1. Any relocation or damage to utilities shall be at the owner/developer's expense. 2. A new sanitary sewer line shall be installed as currently proposed with the Harvey's Hill development, to provide sewer to this site. The proposed sewer line shall enter the existing manhole at no less than 90 degrees from the outgoing sewer. PASSED and APPROVED this APPROVED: By: LIONELD JORDAN, Mayor day of 2013. ATTEST: C SONDRA E. SMITH, City Clerk/Treasurer VAC 13-4544 � X � H| |.■ ■ � |��|�;•: , H.� | , .■ .4, ()ll ! 7; , |• pig ---- ��------- / . i_ a/ y � __- rSe. Ail. � \ ( ., •:_/ «m-. �) ! | § 2 � k \ � 10 WAV AfV3ArftCr �- —�.-- -- -- -- -- -- -- -- -- 1 + I j .L ,2 , h j, ! R w § I --- -- —tea-- -- � / q/ ■Wz � ; f � I k I S { o � Ln 2 EXHIBIT "B" VAC 13-4544 A 25 FOOT WIDE STRIP OF LAND LYING BETWEEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE ABOVE SAID LOT 1, THENCE SOUTH 87°06'02" EAST - 176.00 FEET TO THE SE CORNER OF THE ABOVE SAID LOT 1; THENCE SOUTH 2°53'58" WEST - 25.00 FEET TO THE NE CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 87006'02" WEST - 176.00 FEET TO THE NW CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 2053'58" EAST - 25.00 FEET TO THE POINT OF BEGINNING. TaY e eville ARHANSAS PC Meeting of December 9, 2013 THE CITY OF FAYI?TTEVIIA E. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director DATE:r�onl� Updated December 10, 2013 VAC 13-4544: Vacation (HARVEY'S HILL/CENTER & DUNCAN, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to vacate a 25 -foot utility easement. Planner: Andrew Garner Findings: Property and Background: The subject property is a 25 -foot general utility easement traversing east - west across property at the southwest corner of West Center Street and South Hill Avenue. The overall site contains approximately 2.08 acres and is proposed to be developed for the Harvey's Hill multi -family project (LSD 13-4524). The subject utility easement contains a sanitary sewer main that will be relocated with the Harvey's Hill development. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North University of Arkansas; Multi -family RMF -40, Residential Multi -family, 40 du/acre Residential South Single and Multi -family Residential RMF -40, Residential Multi -family, 40 du/acre East University of Arkansas; Multi -family DG, Downtown General Residential RMF -40, Residential Multi -family, 40 du/acre West West Center Multi -family DG, Downtown General; development under construction RMF -40, Residential Multi -family, 24 du/acre Request: The applicant's request is to vacate the existing 25 -foot utility easement as indicated on the attached exhibit. Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. G-\EMDevelopment services Review\2013\Development ReviewV3-4544 VAC Duncan & Center (Harvey's Hill)\03 Planning Commission\12-09-2013\Comments and Redlines UTILITIES Cox Communications Southwestern Electric Power Company Source Gas AT&T CITY OF FAYETTEVILLE: Water/Sewer Solid Waste RESPONSE No objections No objections No objections No objections RESPONSE No objections No objections, subject to relocation of the sewer line Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4544 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall be at the owner/developer's expense. 2. A new sanitary sewer line shall be installed as currently proposed with the Harvey's Hill development, to provide sewer to this site. The proposed sewer line shall enter the existing manhole at no less than 90 degrees from the outgoing sewer. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: December 9, 2013 Motion: Chesser Second: Cook Vote: 7-0-0 Notes: On consent agenda GA\ETC\Development Services Review\2013\Development Review\13-4544 VAC Duncan & Center (Harvey's Hill)\03 Planning Commission\12-09-2013\Comments and Redlines McCLELLAND 1810 N. College Avenue C 03172 702-7 229 sox 1229 CONSULTING Fayetteville, AR 73703/7 ENGINEERS, INC. 479www. cc/Fax 47engrs.com www. 479e-engrs.com October 28, 2013 RE: LSD00-4524; Harvey's Hill Easement Vacation Planning Commission As a part of the LSD occurring on the Harvey Hill property near the intersection of Center Street and Duncan Ave, I, along with the developers are seeking to vacate an existing 25' utility easement within the proposed property boundary. Please reference the survey plat provided within this easement vacation submittal package for more detailed description and location of the easement in question. This 25' utility easement is currently home to a sanitary sewer main. In order to develop the subject property as intended, this sanitary sewer routing will be relocated from its current east/west configuration to a north/south configuration. This new sanitary sewer routing will terminate at a new proposed manhole on the southern side of Center Street. This is more specifically described in the submitted civil documents related to LSD 00-4524, Harvey's Hill. Please don't hesitate to contact me if there are any questions or concerns at this time. Sincerely, Leslie Tabor Itabor0mcclelland-enctrs.com .Mce&t& nd. Cawu&ing fngineeno, 9nc. - "`owt £nginezxing 5&m„ a* ka w 5hwuwo 2009, 2090, & 2012 aw" 9&cipieat PETITION TO VACATE AN EASEMENT LOCATED BETWEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate, being represented by the petitioner's authorized agent, abutting the EASEMENT hereinafter sought to be abandoned and vacated, lying in LOCATED BETWEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION, CITY OF FAYETTEVILLE, ARKANSAS , a municipal corporation, petition to vacate AN EASEMENT which is described as follows: UTILITY EASEMENT DESCRIPTION AS PER ORDINANCE NO. 3210 A 25 FOOT WIDE STRIP OF LAND LYING BETWEEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE ABOVE SAID LOT 1, THENCE SOUTH 87°06'02" EAST- 176.00 FEETTO THESE CORNER OF THE ABOVE SAID LOT 1; THENCE SOUTH 2°53'58" WEST -25.00 FEET TO THE NE CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 87°06'02" WEST -176.00 FEETTO THE NW CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 2°53'58" EAST - 25.00 FEETTO THE POINT OF BEGINNING. That the abutting real estate affected by said abandonment of the easement are LOT l OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION, CITY OF FAYETTEVILLE, ARKANSAS, used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioner's authorized agent prays 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 petitioner's authorized agent further prays that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioner's authorized agent respectfully prays that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this Bay of ;)5C4LM00A-- 26j,3--. _5 ti rt S Printed Name (Authorized Agent) Signature 4— ~ rc z a •oo h 3 �b Y q 5. sat 3.a g9bzoYS��a�`�� oo��ioa 5� 5 €�. S ae j�ag8 tlb 'A anY� o is 3 ---------d/a—..--� � � I i lij 4— ~ rc z a •oo h 3 �b Y q 5. sat 3.a g9bzoYS��a�`�� oo��ioa 5� 5 €�. S ae j�ag8 tlb 'A anY� o is Q � ---------d/a—..--� f ' I a a��88g 8s prim - 3„e4,rszN e � ffii / I hag a w J c N U N M -,M.AS: ,CO wz '3AY tl 97/IN CS 25 I aA� gI ` Q � ---------d/a—..--� f ' I prim - 3„e4,rszN e � ffii / I hag ,00'402 - 3.MM4, 0 V 5 �9a l � ---------d/a—..--� f ' I prim - 3„e4,rszN I is a w J c N U N O N E`llii O 2 �g SPC yyjj 4? {�{ <� i�z SA •�C�' F I e' � 3 3AYV NVJNQO d/a f.--------- ---------d/a—..--� w J N U N O N (I I I i i 1 I' P k (I 11 14 t . 1 .1 f . li - 4 1- '.'. � �' P1 i 1. U: C:. 11 -IF ;,J' '- �� - 'W I '4 ;, � -. 'r e ' t 7� Hf� C -A'. Z L t� A i LL UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITYCOMPANY: Cox Communications APPLICANTNAME: SETH MIMS - SREG APPLICANT PHONE: (479)966-4439 REQUESTED VACATION (applicant must check all that apply): X Utility Easement I7 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") x+ SE Corner of Center Street & Duncan Ave (ATTACHIegal description aadgraphic representation of what is being vacated-SURVEF) UTILITY COMPANY COMMENTS: ri 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: gnature of Utility Company Representative Title August 2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITY CONVANY: / APPLICANTNAME: SETH MIMS - SREG APPLICANT PHONE: (479)966-4439 REQUESTED VACATION (applicant must check all that apply): x Utility Easement Cl 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-1voy), described as follows: General location / Address (referring to attached document- must be completed**) ** SE Corner of Center Street 6, Duncan Ave (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 7� 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: nature o�Utilay-dompany Representative Title August 2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTIld'1'Y EASEMENT VACATIONS DATE: 10/21/13 UTILITY COMPANY: Source Gas APPLICANTNAME: SETH MIMS - SREG APPLICANTPHONE:(479)966-4439 REQUESTED VACATION (applicant mast check all that apply): x Utility Easement ❑ Right -of --way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley G 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") SE Corner of Center Street & Duncan Ave (ATTACH legal description and graphic representation of what Is being vacated -SUR VEIF) 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: Signature of Utility Company Representative II Title Aups[ 2012 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 r (� UTILITY COMPANY: APPLICANT NAME: SETH MIMS - SREG APPLICANT PHONE:(479)966-4439 REQUESTED VACATION (appl/emtf nntst check n!l that npply): x 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 (allev, eas•cment, right -of --wap), described as follows: General location / Address (referring to attached document- must be comple(ed") ac SE Corner of Center Street 6, Duncan Ave (ATTACH legal description aul graphic representation of what is heing vacated -SURVEY) UTILITY COMPANY COMMENTS: R 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 propose below.) No objections provided the following conditions are met: i Signature of Utility Company Zcpresenlmive Title August 2011 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITY COMPANY: City of Fayetteville - Water & Sewer APPLICANTNAME: SETH MIMS - SREG APPLICANT PHONE: (479) 966-4439 REQUESTED VACATION (applicant must check all that apply): x Utility Easement 0 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**) ** SE Corner of Center Street & Duncan Ave (ATTACH legal description audgraphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. I ! No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) X No objections provided the following conditions are met: A new sanitary sewer shall be installed as proposed to provide sewer service to the site. The proposed sewer shall enter the existing manhole at no less than 90 degrees from the outgoing sewer. Signature of Utility Conoldny Represcrunva Utilties Engineer Title August 2012 Page 5 overview I Legend VACP 3-4542 NORTHWEST ARKANSAS DEMOCRATGAZME NORTHWEST ARKANSAS THE MORNINGNEWSALE FSPRINGDROGERS �SPAPERSLLC NEWS THEMORNINGNEWSOF STIMES NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1 478'442-1700 I WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5646 Was inserted in the Regular Editions on: January 16, 2014 Publication Charges: $ 90.79 Holly Andrewsx5 Subscribed and sworn to before me This 1"1 day of 2014. Cad ✓ , I. "LSA Notary Public My Commission Expires:Zo��I� **NOTE** Please do not pay from Affidavit. Invoice will be sent. JAN 2 2 2014 CITY OF FAYETTEVILLE CITY CLERKS OFFICES ORDINANCE NO SW AN ORDINANCE.APPROVING VAC 13-4544 SU t,�ITTED f3Y MCCLELLAND ,CO,LJSUL ING ._ � �� INEERS FOft PROPSRTy,LOCAT'F�4 AT�TEHE 3' ADSOU1HiIL� AVENUP Ot'VACATEA''? '^" » '�NSA'`z UTILITYEASEtvIENT WHEREAS, the City Council has 1M1e,authority under A.C.A. § 14-54104 to vacatel_ public grounds qr portions thereof which are not required for corporate purposes; WHERFAS,.tlie City Counal has Qetennmed ihaapah Yb°Ilbwnng d686nbed pokiod: �of'tt�a P�@�eC.utility easement is not required,for � rafe+puryoS�s NOW, TXEREFORE, BE R ORDAINED BY'DiEv,G# j l`1NOILOF THF CITU . , O�:RAYET]EVJ},bE ARIIANS�pSs. Bection i-, ThattheCity,puncil of the City of Fayet�llie rkensas hereby vacates and abandons the%following-de5cntted utility easerr �et''fiq�Exhlbit B (attached). Section 2. That a copy of this Ordinance duly cem i gae City Cie tpc along with the map attached and labeled Exhit A shall be filed in {he office gf theA> order .of the County and tecorded46,ttIhateed Records of the Counry.. 3. , Section 3. That, this vacation approval is subject to ffie following conditions of approval and shall not4e in' affecYuntll the cdidifidna"'are 1' Any relocation= W damage.l b utilities shall be at the owner/devebper's' expense. 2.'i4 new sanitarysewer line shell be insialled.as currently plppoaed Wdh'the Harvey's Hill development, to provide severer jo thip site The propdsed say ar, line ,hall enter the existing manhole at no less than'g0 degrees "M the outgoing°, 'sexier: ..+ ..PASSED and APPROV�D.thus 7th tlay of JehLary2o74 APPROVED: ATTEST: By By. LR3NECp JORDAN Mayor' SONO, AE. SMITH Ciry'>ClettJfrAasurer Fxhipns fol"Ihis ordinance inay bB y�ewetl in the olGce of the City f ler ireagu`rer, -