HomeMy WebLinkAboutOrdinance 5672Doc ID: 015655580004 Type: REL
Kind: ORDINANCE
Recorded: 03/33/2014 at 10:15:57 AM.
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2014_00007303
ORDINANCE NO. 5672
AN ORDINANCE APPROVING VAC 14-4617 SUBMITTED
BY BLEW AND ASSOCIATES FOR PROPERTY LOCATED
AT 1114 N. FUTRALL DRIVE TO VACATE PORTIONS OF
UTILITY EASEMENTS, A TOTAL OF 967.3 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 casements are 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 portions of utility easements described in Exhibit `B" attached hereto
and made a part thereof.
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,
PASSED and APPROVED this 18' day of March, 2014.
APPROVED:
ATTEST:
By: JQyr.�
SONDRA E. SMITH, City Clerk/Treasurer
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B
VAC 14-4617
EXHIBIT "B"
Blew & Associates, P.A.
Civil Engineers Professional Land Surveyors
524 W. Sycamore Street Suite #4 Fayetteville, AR 72703
PH: 479-443-4506' FAX: 479-582-1883
litto,//www.blowinc.com
PROPOSED EASEMENT VACATION DESCRIPTION #1:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 1006.63' AND N87015'57"W 20.73 FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
N89002'22"W 3.57'; THENCE NO2°44'03"E 65.03'; THENCE S88°02'22"E 1.55';
THENCE S00057'38"W 65.00' TO THE POINT OF BEGINNING. CONTAINING
166.4 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #2:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 725.25' AND N87015'57"W 20.73 FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
N87026'04"W 4.27'; THENCE NO2°44'03"E 13.01'; THENCE S87°15'57"E 4.23';
THENCE S02033'56"W 13.00' TO THE POINT OF BEGINNING. CONTAINING
55.2 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #3:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 582.72' AND N87015'57"W 49.10' FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
N87043'53"W 11.75; THENCE NO2°37'14"E 29.96'; THENCE S87°15'57"E
11.56'; THENCE S02016'07"W 29.87' TO THE POINT OF BEGINNING.
CONTAINING 348.6 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #4:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 557.16' AND N87022'46"W 140.27' FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
S02010'04"W 10.35; THENCE N87°22'46"W 36.79'; THENCE NO2°10'04"E
10.06'; THENCE S87049'56"E 36.79' TO THE POINT OF BEGINNING.
CONTAINING 375.3 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #5:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 557.16', N87022'46"W 275.06' AND NO2037'30"E
22.36' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;
THENCE N75040'30"W 13.01'; THENCE S87°22'46"E 13.29'; THENCE
S14019'30"W 2.70' TO THE POINT OF BEGINNING. CONTAINING 17.5
SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #6:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS N02044'03"E 557.16',N87°22'46"W 348.82', AND NO2°37'51"E
23.61' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;
THENCE N73054'22"W 5.97'; THENCE S87°22'46"E 6.14'; THENCE
S16005'38"W 1.43' TO THE POINT OF BEGINNING. CONTAINING 4.3
SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrumentwas filed on
03/31/2014 1015:57 AM
and recorded in Real Estate
File Number 2014-00007303
Kyle Sylvester- Circuit Clerk
by
,\
Quin Thompson
Submitted By
City of Fayetteville Item Review Form
2014-0108
Legistar File Number
03/18/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
VAC 14-4617: Vacation (1144 N. FUTRALL DR./CORNERSTONE, 402): Submitted by BLEW AND
ASSOCIATES for property located at 1144 NORTH FUTRALL DRIVE. The property is zoned R -O,
RESIDENTIAL -OFFICE AND RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and
contains approximately 7.94 acres. The request is to vacate part of several utility easements.
Does this item have a cost? rNo
Cost of this request
Account Number
Project Number
Budgeted Item? =
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
a .a..�.,_
Category or Project Budget
Funds Used to Date
i.l 11
Remaining Balance
Budget Adjustment Attached?
-3-3-1q
3-'3 -2.6 AV
Program or Project Name
Program or Project Category
3
Fund Name
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 Director
Andrew Garner, City Planning Director O
From: Quin Thompson, Current Planner
Date: February 25, 2014
Subject: VAC 14-4617 (114 N Futrall Drive/Cornerstone Apartments)
RECOMMENDATION:
The Planning Commission and Planning Division staff recommend approval of an ordinance to vacate portions
of six (6) existing utility easements.
The subject property is located at the end of Futrall Drive, north of Wedington Drive, and contains an existing multi-
family complex developed many years ago. According to the applicant, a recent survey of the property shows that
buildings encroach slightly on utility easements in several locations.
The applicant's request is to vacate portions of existing 20 -foot utility easements where they conflict with
existing structures, as indicated on the attached exhibit.
DISCUSSION:
On February 24, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 7-0-0.
BUDGETIMPACT:
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 14-4617 SUBMITTED
BY BLEW AND ASSOCIATES FOR PROPERTY LOCATED
AT 1114 N. FUTRALL DRIVE TO VACATE PORTIONS OF
UTILITY EASEMENTS, A TOTAL OF 967.3 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 easements are 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 portions of utility easements described in Exhibit `B" attached hereto
and made a part thereof.
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.
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN, Mayor
day of , 2014.
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
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VAC 14-4617
EXHIBIT "B"
Blew �_K__„ Associates, P.A.
Civil Engineers Professional Land Surveyors
524 W. Sycamore Street Suite #4 Fayetteville, AR 72703
PH: 479-443-4506 ` FAX: 479-582-1883
http://www.blewinc.com
PROPOSED EASEMENT VACATION DESCRIPTION #1:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 1006.63' AND N87015'57"W 20.73 FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
N89002'22"W 3.57'; THENCE NO2°44'03"E 65.03; THENCE S88°02'22"E 1.55';
THENCE S00057'38"W 65.00' TO THE POINT OF BEGINNING. CONTAINING
166.4 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #2:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 725.25' AND N87015'57"W 20.73 FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
N87026'04"W 4.27'; THENCE NO2°44'03"E 13.01'; THENCE S87°15'57"E 4.23';
THENCE S02033'56"W 13.00' TO THE POINT OF BEGINNING. CONTAINING
55.2 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #3:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 582.72' AND N87015'57"W 49.10' FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
N87043'53"W 11.75'; THENCE NO2°37'14"E 29.96'; THENCE S87°15'57"E
11.56'; THENCE S02°16'07"W 29.87' TO THE POINT OF BEGINNING.
CONTAINING 348.6 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #4:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 557.16' AND N87022'46"W 140.27' FROM THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE
S0201 0'04"W 10.35; THENCE N87°22'46"W 36.79'; THENCE NO2°10'04"E
10.06'; THENCE S87049'56"E 36.79' TO THE POINT OF BEGINNING.
CONTAINING 375.3 SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #5:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 557.16', N87°22'46"W 275.06' AND NO2°37'30"E
22.36' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;
THENCE N75040'30"W 13.01'; THENCE S87°22'46"E 13.29'; THENCE
S14019'30"W 2.70' TO THE POINT OF BEGINNING. CONTAINING 17.5
SQUARE FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #6:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH
PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A
POINT WHICH IS NO2044'03"E 557.16',N87022'46"W 348.82', AND NO2°37'51"E
23.61' FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;
THENCE N73054'22"W 5.97; THENCE S87°22'46"E 6.14'; THENCE
S16005'38"W 1.43' TO THE POINT OF BEGINNING. CONTAINING 4.3
SQUARE FEET, MORE OR LESS.
TaTel"Tm
lle
n5
PC Meeting of February 24, 2014
IHE CITY OF FAYEITEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, City Planning Director
DATE: UPDATED 2-25-2014
VAC 14-4617: Vacation (1144 N. FUTRALL DR./CORNERSTONE, 402): Submitted by
BLEW AND ASSOCIATES for property located at 1144 NORTH FUTRALL DRIVE. The
property is zoned R -O, RESIDENTIAL -OFFICE AND RMF -24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE and contains approximately 7.94 acres. The request is to
vacate part of a utility easement.
Planner: Quin Thomason
Findings:
Property and Background: The subject property is located at the end of Futrall Drive, north of
Wedington Drive, and contains an existing multi -family complex developed many years ago.
According the applicant, a recent survey of the property shows that buildings encroach slightly on
utility easements in several locations.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and tonin
Direction
from Site
Land Use
Zoning
North
Interstate 540 ROW
N/A
South
Commercial
C-2, Thoroughfare Commercial/R-0,
Residential Office
East
Undeveloped/Multi-family Housing
RMF -12, Residential Multi -family
West
Interstate 540 ROW
N/A
Request: The applicant's request is to vacate portions of the existing utility easements in order to
remove the easements from the buildings.
Right-of-way Vacation Approval: The applicant has submitted the required vacation forms to the City
utility departments and applicable franchise utilities, with no objections. The areas being vacated are
surrounded entirely by property owned by the applicant.
G:\ETC\Development Services Review\2014\Development Review\14-4617 VAC 1144 N Fultrall Dr (Comerstone Apanments)W
Planning Commission\02-24-2014\Comments and Redlines
UTILITIES
RESPONSE
Cox Communications
No objections
Ozarks Electric Power Company
No objections
Source Gas
No objections
AT&T
No objections
CITY OF FAYETTEVILLE:
RESPONSE
Water/Sewer
No objections
Solid Waste
No objections
Public Comment: No public comment has been received
Recommendation:
Staff recommends forwarding VAC 13-4617 to the City Council with a recommendation for
approval subject to the following conditions:
Conditions of Aooroval:
1. Any relocation or damage to utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled
Date: February 24, 2014
Motion: COOK
Second: CHESSER
Vote: 7-0-0
Notes: ON CONSENT
GAEMDevelopment Seryices Review\2014\Development Review\I4-4617 VAC 1144N Fultrall Dr (Cornerstone Apartments)\03
Planning Commission\02-24-2014\Comments and Redlines
�. Blew Associates, P.A.
v Civil Engineers Professional Land Surveyors
524 W. Sycamore Street Suite #4 Fayetteville, AR 72703
PH: 479-443-4506 * FAX: 479-582-1883
hapWwww blewinc.com
December 18, 2013
City of Fayetteville Planning Commission and
City of Fayetteville City Council.
We would like to present for your consideration a request for a partial easement
vacation on behalf of the Cornerstone Apartments located at 1144 N. Futrall
Drive.
We ask for a partial vacation of six (6) areas as shown on the attached drawing
where during the process of a property boundary survey, six of the existing
buildings were found to slightly encroach upon an existing utility easement.
Since the extent of the encroachments is very limited in nature, we would request
a vacation of these areas to remove the buildings from encroaching upon these
easements.
Thank you for your consideration on this matter.
A'°
Michael Million
Project Manager
PETITION TO VACATE PORTIONS OF AN EASEMENT LOCATED IN PART OF THE NORTHEAST QUARTER OF
SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, 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 abutting the easement hereinafter sought
to be abandoned and vacated, lying in part of the Northeast Quarter of Section 7, Township 16 North,
Range 30 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement
which is described as follows:
PROPOSED EASEMENT VACATION DESCRIPTION #1:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°44'03"E 1006.63' AND N87°15'57'W 20.73 FROM
THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE N89°02'22"W 3.57'; THENCE NO2°44'03"E 65.03%
THENCE S88°02'22"E 1.55'; THENCE S00°57'38'W 65.00' TO THE POINT OF BEGINNING. CONTAINING 166.4 SQUARE
FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION 42:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS NO2°44'03"E 725.25' AND N87'15'57'W 20.73 FROM
THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE N87°26'04'W 4.27'; THENCE NO2°44'03"E 13.01';
THENCE S87°15'57"E 4.23'; THENCE 502'33'56"W 13.00' TO THE POINT OF BEGINNING. CONTAINING 55.2 SQUARE FEET,
MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #3:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°44'03"E 582.72' AND N87°15'57'W 49.10' FROM
THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE N87°43'53'W 11.75'; THENCE NO2°37'14"E 29.96';
THENCE S87°15'57"E 11,56'; THENCE S02°16'07'W 29.87' TO THE POINT OF BEGINNING. CONTAINING 348.6 SQUARE
FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #4:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS NO2'44'03"E 557.16' AND N67°22'46'W 140.27' FROM
THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE S02'10'04'W 10.35'; THENCE N87'22'46'W 36.79';
THENCE NO2'10'04"E 10.06`, THENCE 387°49'56"E 36.79' TO THE POINT OF BEGINNING. CONTAINING 375.3 SQUARE
FEET, MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #5:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS NO2'44'03"E 557.16' AND N87'22'46'W 275.06' FROM
THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE N75'40'30'W 13.01'; THENCE S87'22'46"E 13.29';
THENCE S14'19'30'W 2.70' TO THE POINT OF BEGINNING, CONTAINING 17.5 SQUARE FEET. MORE OR LESS.
PROPOSED EASEMENT VACATION DESCRIPTION #6:
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS NO2'44'03"E 557.16' AND N87'22'46'W 348.82' FROM
THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE N73'54'22'W 5.97'; THENCE S87'22'46"E 6.14';
THENCE S1 6'05'38"W 1.43' TO THE POINT OF BEGINNING. CONTAINING 4.3 SQUARE FEET, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easements are Cornerstone
Apartments, a Limited Partnership, Quail Ridge Subdivision, Horseshoe Addition and part of the SW X of
the NE 14 of section 7, Township 16-N, Range 30-W,City of Fayetteville 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 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 the respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, 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 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 easements
of the public for the use of said easement.
Dated this day of Zt
U76MV , 20yef 3
V95 '
Printed Name
Signature
Printed Name
Signature
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1 *2 - t 3 - 13
UTILITY COMPANY: I l
APPLICANTNAME:6�Rw3lR51-ONb A PrT_ APPLICANT PHONE: 4.44 -4SV(P
REQUESTED VACATION (applicant must cheek all that apply):
KUtility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of. way.
0 Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-ofway), described as follows:
General location I Address (referring to attached document- must be completed")
(ATTACH legal description artd graphle representation of 11,11w is being vocated-SURVEY)
WILITY 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.)
I No objections provided the following conditions are met:
Icog, WEET)t76 CLO O N 14 pr
FRGILVT ES I Z E 6 �I4U U - oAS =
M
Signature of Utility Company Representative
nsP T)6.'�)hl�l Et\1C,iAlF�12 _
Title
Autpat 2012
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- Olt- WAY, ALLEY, AND
UTILITY CASEMENT VACATIONS
DATE: 12^13-13
UTILITYCOMPANY:
APPLICANT NAME: Q)� nt,lS.h In P OLI A -S APPLICANT PHONE: A 4.3
REQUESTED VACATION (applicant must check aII that apply):
Utility Easement
❑ Right-of-way for alley or streets and oil 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 wmpletW**)
- { ,(l. FG %;, { e
(ATTACH legal description and graphic representation ojwhat Is being vacated -SUR FE I)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
❑ No objections to the vacation(s) described above, provided following deseribed easements are retained.
(State the location, dimensions, and purpose below.)
IX No objections provided the following conditions are met:
T
KINCEMILM, . .u. WIM77MUNFIVI UNWINITSMITNOTTITINN.- -..-
o..
Signatdre.ofUtility Company Repre#tafive
Contruction Planner NWA III .. _—
Title
August 2D11
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:._' - (,S -t3
UTILITY COMPANY: 076940 G-UtVAC.
APPLICANTNAIvW-: C4 P- li'JI�L ID" APCS APPLICANTPHONE:44 3�'�U (p
REQUESTED VACATION (applicant mast check all that apply):
7El--- Utility Easement
❑ Right-of-way for alley or sheets and all utility easements located wilhin 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 descrlpRon and graphic representation of what is being 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 purpose below.)
❑ No objections provided the following conditions are met:
Greg McGee _
Signature of Utility Company Representative
Me It rI'mTIMMR
AugIU M
Paga 5
UTILITY APPROVAL FORM
COR RICHT- Or- NAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: -- i .rile�I�l-UG. 70 L -(D WA --5'f8'
APPLICANT NAME: Ca"ar ker5_ APPLICANT PHONE: 4 490 to
REQUESTED VACATION (applicant mast ckeck al! Ilia/ apply):
Utility Easement
❑ Right-ofwmi 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: j
Cmmrrd facation (Address (referring to Fumched document- must be completed"a)
ILA Gee , 6MZmntLE
(ATTACH Iegal destuipllon and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS; -
�Q No objections to the vacation(s) described above,
❑ No objections to the vacation(s) described atx ve, provided following described easemeuts are retained.
(State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met:'
Signatureof— Utility onipky Representative
LURoc4GN4,(ie, L -y)1 (;ALL -
Title u
AugnsrzWl
Page 5
UTILITY APPROVAL FORM
r
FOR RIGIiT- OF. WAX, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITYCOMR'ANY: FAYt'[TyA'WE' V A -1U--12 � �uCYL-
APPLICANT NAME: A-Dj5_ _ APPLICANT PHONE: 4-41 -"4 D(p
REQUESTED VACNIION (appAemrt MRIs! check F_1that apply):
Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of. way.
❑ Alley
❑ Streetrdgln-ofway
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location I Address (referring to attached document- must be completed")
' Jo -4- w . i to rrz�k- DO.
(ATTACHIegal description Mid graphic representadon of rphat Is behRg vocvted-SUR VCP)
UTILITY COMPANY COMMENTS:
Fj No objections to the vacation(s) described above.
❑ No objections to the vaoation(s) described above, provided following described easements are retained,
(State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met:
M
Signature of Utility Conrpmry Ropraseutolivc
A,gear2012
Page 5
UTILITY APPROVAL FORM
FOR RICHT-OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 12—L3— 13
UTILITY COMPANY:
APPLICANT NAME: w 11x0 S r ADM 5 APPLICANT PHONL':
RF,QUESTRD VACATION (appllcmt nmst check gE that apply):
Utility Ensmnaul
❑ Rig] it- af--wny for nllay or streets and all utility easanwnis located within the vacated right- of- way.
❑ Alley
❑ SlrectrigM-o('-wny
I have been nolifhod of the petition to vacate the following (al/e2; easemett, tight -of -way), described as follows:
General location / Address (referring to attached document- must be completed"4)
.. d4 L W,
(ATTACH legal atesorlption and graphic represenratlon of what is being vacater6SURVEY)
7UL'ITY COMPANY COMMENTS:
No objections to the vacaliou(s) described above.
No objections to the vacslion(s) described above, provided following described onscmcnts aro rela fined.
(State the locution, dimensions, and purpose below.)
No objections provided the following conditioas aro met:'
Signulue'nfUlllilyCompany Rep scntative
Title
A Ww2012
Page 5
UTILITY APPROVAL FORM
FOR RIGRT- OF- WAY, ALLEY, AND
UTIIdTY EASEUNT VACATIONS
DATE: 12 ^ (S- #3
APPLICANT NAME; Cm IJIa S�r,,j E Ayi-T APPLICANT PHONE: 443 U {D
REQUESTED VACATION (applicant must check tg that apply):
W, Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of. way.
❑ Alley
❑. Stmetright-of-way
I have been notified of the petition to vacate the following (alley, easemem, right-of-way), described as follows:
General location /Address (referring to attached document- most be completed**)
** M- iv. t- Do
(ATTACHIegal description and graphic representation of what is being vacated-SMVEV
UTILITY COMPANY CO:uWffi-N S:
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 ofT3tility Company Frpn:scina@v`
—P c=lL_I/i s0 J
Title
,+ter 2012
pogo 5
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Design Overlay istrict
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NORTHWEST ARKANSAS TIMES
�SPAPERS HNORTH ESTNG ARK OF ARKANSAS
LLC HENTONCOUNTY DAILY RECORD
RECEIVED
MAR 28 2014
212 NORTH EAST AVENUE, FAYETrEVILLE. ARKANSAS 72701 1 P.O. Sox 1607, 72702 1 479442-17001 WWW.NWANEWS.COM
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 -
Ord. 5672
Was inserted in the Regular Editions on:
March 27, 2014
Publication Charges: $77.82
CA Com
Karen Caler
Subscribed and sworn to before me
This zS1 day of , 2014.
La& W4
Notary Public Z'l�f�Z'Ll
My Commission Expires:
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.