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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 iA"""fonfon a � �m n 0 TYzxlnlf]Z JA➢ p �-�-� _ i ]y � p qV II MS .,�� OOTmO A�0 " O Y£� yn bVll g �� 'm/+zuv�gy s'"Tx N p .li p _r�nr.m.t wtnm-� � mq"eoazti>:no s A o m r4 `i' ne it>timN c-�amON �" 2 .� N Y Y � ISBN eII�MIVINI KFN6 i 1 �� of i =arsrx•w sxm K 4 s'O 1 �I,3�� o mtw An pmm^P'�.�i�z z �, C I �. w•_ ' _ �.- tl A S ym$$$T$ ami m O ♦ _�� ff`7 o y zo,y V_J A .a — H I_ "`KoMO! n � o � ` �".Y C� 017 Ag"oF s s momiom oim�c S F�m 4 � ��° Nm,3�mm"z zoo Tim m ul I�I I} _ Ig z F F,, aqgy tl � I ,I ===�mmomao9 o II I e :tl PAAyA � mom S" mm.Awa '" u r Y2 'm c'e mmo aieF �° m Nmsrlr•c pm i� , momZO'Ox^mi"n0 o v�^ •M �� Y �inpczo�Tg sarloerw ner �6 I "� �„ � n arlpu0omp iii y aq mii2mmy9 H T ' I i r �ppD� 1 rig 1 zmzp :tlPn APa $ F , � m Dmm Tu2TOiiP B im m�f nng$m° Na�lwl•e loan 00 k ' 't1 m m ens>Smm�N R ''w um QA AO ; � �I w�mSmi<nm y u = m 0 OOtnA2 N m f a /. see'ziNn oN,Fms a � � c moim^x'xmciyp " § 1; ti 3 , ;mm N.oa?, ,nPnr HIS, ms o08,18 o"v'm'y8F�zFo U PmmOu tt.H_yi o ¢w mZm Oa FZrPm/- 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 iffl a . Fgi[jP.>��iji 6 8�15�y6��QF m s i O 7 s jEEq � Bjsigca�R��� � �i11 pNUM %a R 1SF�Q I fi a }} yypp }�yxyx�tt t, I{i pCp�Q SpR'1PS i13S13S "°H$ . I �'r_ .`�-::::c:...•..�.�t�jJ+:�[� ..ti��... a �'S In jr i;J? c rrm prof 1 +_ i d� o iN=E'o1h I �- CP P>t 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 - . t^I 7 14^ �i �• 1 � ';r _� ����.-L-� a 1.,_-•ai �-!� � ria ,f�jl'\� .I ^l ��ll I YI �. •`, 1�+Jyy .._ �� 1 1,1 • 1 DIY 1�e � r YI�Y 41l� I'I ��. P W ! 1 A ! I4R_l lxrY� I •yl_ 1! I V}.%ik]�lilt u+- _ 1 TI-' � ily, Fni �� �, I 'fir �' i I ,� r1L!�.`Ku 14Y1■F��`.. rErr _-��'...-. c� -J — IT All T e AI r Legend VAC i VAC14-46171 CORNERSTONE Close Up View ivx t ■ A 1 .s MAr. eo.w.oennaa•ra.. • II � ' R i. r 1 a � •�r`� _ 4 SUBJECT PROPERTY � rW -ilk__ NI- - IU [ :-d ARTHUR HART $T• IRV RYF-6 SKYLER DR �' w I • 1 MEGAN DR L '� DOROTHY JEANNesr ..� , I ! � ■iri L 93Fi.....,,..,. - �EWPOR rOR CORNERSTONE AL � I r y / o t• �p5` � � i � (_ q � �� tAW50N ST ` HOLLY ST PRIVATE 1227 1 it C • - _ _ I ! �I p, •, _ VALLEY DR ! HATFIELD ST Li I, _• � Ill 11 I \\ W pyo 11 a a ur "r T I I stl i a ORA DR o�erv_;e.y Fayetteville City imits VAC14-4617 Footprints 2010 — Hillside -Hilltop O erlay District Design Overlay istrict 0 200 400 60C 1200 1.600 ------ Planning Area Feel 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.