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HomeMy WebLinkAboutOrdinance 5688Doc ID: 015753470003 Type: REL Kind: ORDINANCE Recorded: o5/05/2014 at 02:24:52 PH Fee Amt: $25.00 Pape I of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2014-00013859 ORDINANCE NO. 5688 AN ORDINANCE APPROVING VAC 14-4674 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT MOORE LANE IN THE PINES AT SPRINGWOOD TO VACATE UTILITY AND ACCESS EASEMENTS. 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 and access 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 portion of utility and access easements as shown on Exhibit "A" 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. 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: I. The required fire access road for the Pines at Springwoods Phase I shall be retained through the subject property, and adequate vehicular connectivity between the Pines at Springwoods Phase I and the subject property shall be provided at the time of development of the subject property, pending review and approval of appropriate connectivity by City Planning staff or Planning Commission at the time of development. 2. Subject to the installation of new water/sewer lines to serve the adjusted lots. 3. Any damage or relocation of existing facilities shall be at the owner/developer's expense. Page 2 Ordinance No. 5688 PASSED and APPROVED this 20' day of May, 2014. A nnn rnro n. ryRKWIN. By. 6, SONDRA E. SMITH, CityClerk/'I'reasui`�i lsnn, r r, �. is '�, •: ,,''����r�rni uit�ttto`'``,• I , 4 p Wa =�W Wl�y°I�EJiWiwl 2W 3� wl3 O-Wlo JI,I iFoMC a��a=wlNy���xE,�3 V W m W 2I V y�l°iW w IWIWI I x 0000 om b l'W�N �iWWy Njpe2W�y H6 1 r a � Q � w iI r7'3Sd MOOD I t Elan Qn Na � � F =a aq I g 13svno3 dwe vavd viVerozve Vee 'ddOJ N08Nn w y 4 I 000-99091-99[ + 43 5 _I �k OF j WNF •W-.0 NW20O0 J w a a 3F Q IIW� iI r7'3Sd MOOD q ¢` �W8 Qn Na 41>O =a aq w eW g 13svno3 dwe vavd viVerozve w a a 3F Q ry iI r7'3Sd MOOD q ¢` w w 1021 tv "3i7fe3AA3AVd 3 V I 9AWOHM M119z w eW g 13svno3 dwe vavd viVerozve Vee 'ddOJ N08Nn y 4 I 000-99091-99[ + 43 5 OF j WNF •W-.0 NW20O0 J ^ 2 wv+ a � I ahQ OZ20NmN e ¢FO ryW2'yWT WO �FVX JO 2Q 3w �W WIWiOV 2JQ'_2Q _•1_ {0 'j 1jN WaQ NIWS_?Qno y0 0WW°2ti ¢VKC IL 3 5 am°a¢ uwi n wE cQ p3 E'2 oa 2wy F�ml-vWi2221' 2JQ Tb Iy.� 2..am 4 J lWi of N221}QW 02p WO NOVj WW'_2w ~ 20R W°W�F.O2W•y - 10 MK¢O U—wLa O� n.N ' KW 2�; r2o� N +' aV NQ„Cyo 2-� tiQ dl�.^pLLQ^OQ2�W1- o;� oa .. (S'1'Nl Z w .- ry iI r7'3Sd MOOD q ¢` w w 1021 tv "3i7fe3AA3AVd 3 V I 9AWOHM M119z w eW g 13svno3 dwe vavd viVerozve Vee 'ddOJ N08Nn y 4 I 000-99091-99[ + Washington County, AR I certify this instrument was filed on 08/05/2014 02:24:52 PM and recorded in Real Estate File Number 2014.000.9859 Kyle Sylvester- Circ C er by City of Fayetteville Item Review Form 2014-0212 Legistar File Number 05/20/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Andrew Garner Development Services Submitted By Department Action Required: VAC 14-4674: Vacation (MOORE LANE IN THE PINES AT SPRINGWOODS S/D, 286): Submitted by JORGENSEN & ASSOCIATES for property located at MOORE LANE IN THE PINES AT SPRINGWOOD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 4.42 acres. The request is to vacate utility and access easements within the property. 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: V20130812 § CITY OF ay evz le ARKANSAS MEETING OF MAY 20, 2014 CITY COUNCIL AGENDA MEMO TO: Fayetteville City Council ��pp THRU: Jeremy Pate, Development Services Directorm? FROM: Andrew Garner, City Planning Director DATE: May 1, 2014 SUBJECT: VAC 14-4674: Vacation (MOORE LANE IN THE PINES AT SPRINGWOODS SID, 286): Submitted by JORGENSEN & ASSOCIATES for property located at MOORE LANE IN THE PINES AT SPRINGWOOD S/D. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 4.42 acres. The request is to vacate utility and access easements within the property. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate utility and access easements as requested. BACKGROUND: The subject property is located north and west of the intersection of Foxglove Drive and Moore Lane. The property is within a Commercial Planned Zoning District and contains approximately 4.42 acres. This undeveloped property was originally planned to be part of the Pines at Springwoods neighborhood, a patio home development. During the planning phase, utility and access easements were platted throughout the property in anticipation of the build -out of this property. Phase I of the Pines at Springwoods has been almost entirely completed, however, the property owner has determined that the subject property will not be developed or utilized as originally intended for patio homes. The current plan is to utilize the property for large lot single family homes. The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. DISCUSSION: On April 28, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 8-0-0. 3UDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE APPROVING VAC 14-4674 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT MOORE LANE IN THE PINES AT SPRINGWOOD TO VACATE UTILITY AND ACCESS EASEMENTS. 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 and access 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 portion of utility and access easements as shown on Exhibit "A" 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. 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. The required fire access road for the Pines at Springwoods Phase I shall be retained through the subject property, and adequate vehicular connectivity between the Pines at Springwoods Phase I and the subject property shall be provided at the time of development of the subject property, pending review and approval of appropriate connectivity by City Planning staff or Planning Commission at the time of development. 2. Subject to the installation of new water/sewer lines to serve the adjusted lots. 3. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this APPROVED: LIONELD JORDAN, Mayor day of 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer 'tea aI Ti �. ttt c SOOOMON18dS 1V 93Nl_d HHl I sao A n ns • sn -:I -a RI!)NI IInl I 1 -I " 1 ro SFIiVIDOSSV W NHSNADHOf c � 0 I II I W 'tea aI Ti �. ttt c SOOOMON18dS 1V 93Nl_d HHl I sao A n ns • sn -:I -a RI!)NI IInl I 1 -I " 1 ro SFIiVIDOSSV W NHSNADHOf c � CITY OF 1p ayeVl 14 PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: —ApRl 28, 2814 Update Lay 1 2014 SUBJECT: VAC 14-4674: Vacation (MOORE LANE IN THE PINES AT SPRINGWOODS SID, 286): Submitted by JORGENSEN & ASSOCIATES for property located at MOORE LANE IN THE PINES AT SPRINGWOOD S/D. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 4.42 acres. The request is to vacate utility and access easements within the property. RECOMMENDATION: Staff recommends forwarding VAC 14-4674 to the City Council with a recommendation for approval with conditions. BACKGROUND: The subject property is located north and west of the intersection of Foxglove Drive and Moore Lane. The property is within a Commercial Planned Zoning District and contains approximately 4.42 acres. This undeveloped property was originally planned to be part of the Pines at Springwoods neighborhood, a patio home development. During the planning phase, utility and access easements were platted throughout the property in anticipation of the build -out of this property. Phase I of the Pines at Springwoods has been almost entirely completed, however, the property owner has determined that the subject property will not be developed or utilized as originally intended for patio homes. The current plan is to utilize the property for large lot single family homes. Surrounding land use and zoning is depicted in Table 1. from Site Land Use Commercial and light industrial businesses at Spi Table 1 -and Use and Zoning �I Zoning _ C-PZD Springwoods _ C-4 Thoroughfare Commercial; 1-1, Heavy Commercial/Light Industrial REQUEST: The applicant requests vacation of platted utility and access easements throughout the property in order to allow development different than originally planned. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevgl�it ��,2pZ4 Fayetteville, AR 72781 1a 4674kM"oore Lane Page 1 of 14 DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. 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 Transportation No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 14-4685 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. Required Date: April 28, 2014 O Tabled JK Forwarded O Denied Motion: Second: Vote: !Winston AWH 8-0-0 CITY COUNCIL ACTION: Required Date: May 20, 2014 O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Vacation Plat Utility Approvals One Mile Map Close Up Map GAETCOevelopment Services Review120140evelopment Review\14-4674 VAC Moore Lane (Pines)103 Planning Commission\04-2il1anning Commission 2014\Comments and Redlines April 28, 2014 Agenda Item 5 144674 Moore Lane Page 2 of 14 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUM 5 • FAYEITEVILLE, ARKANSAS 72703 • (479) 442-9127 • PAX (479) 5821807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. Swepco-AEP 8/20/13 Ozark Electric Cox Communications AT&T AWG (Source Gas) Fayetteville Water & Sewer, Fayetteville Solid Waste Fayetteville Transportation Attached please find an easement vacation plat which shows easements to be vacated (shaded areas). These easements were dedicated by an easement plat recorded at 0023-00000277 and they do not have any utilities in them and they are not required now. This property was planned for an extension of he pines but is now planned for three single family lots. Please review and call concerning any questions you may have. Please sign the attached form. Thank you. Sincerely, h David L.Jorgensen, P.E. PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING 'Plan ning commission Apd128, 2014 Agenda Item 5 14-4674 Moore Lane Page 3 of 14 PETITION TO VACATE access and utility easements shown by the attached easement vacation plat LOCATED IN the CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate of the attached easement vacation plat hereinafter sought to be abandoned and vacated in of the attached easement vacation plat, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said access and utility easements which is shown on the attached easement vacation plat. ( SEE ATTACHED) That the abutting real estate affected by said abandonment and that would not be adversely affected. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate said access and utility easements, 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 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 the easements of the public for the use of said alley. Dated this day of f'� 20��- PrintlNa);ne Signawee Printed Name Signature Planning Commission April 28, 2014 Agenda Item 5 14-4674 Moore Lane Page 4 o114 q v \\ \ IN I /te r W&a Li 4A \\ ■me/// b§ \} �&_ UTILTTY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTR.ITY COMPANY: APPLICANT NAME: _ J &y . g2e'k _ APPLICANTPHONE:14:fZ, -1 REQUESTEDVACATION (appllcunlrrwslcheck !Ithala 1 vpyJ �ll ! 00 Utility Easement Right -Of -way for alley or sleets and all utility easamenb located within the vacated right- of- way. 0 Alley O Street right-of-way 1 have been notified of the petition to vacate the following (411ey, sasemar 1, righlvf-way), described as follows: General location I Address (referring to attached dpfcument- must be completel .. Uv1 F n., •� r. _ (l __ .. ,h ALL„ ,. 1 (A TTA CAr legal detcepiion ad graphicrrprerarmdon Of What Is beGrg mosk"URYEV UTILITY COMPANY COMMOM: ,a No objections to the vaeatiun(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 ohloodons provided the following oonditione aro met; - -- -` l Signature of Utility Company i(epresenlniive Title Augmr 2012 Page S Planning Commissioh April 28, 2014 Agenda Item 5 144674 Moore Lane Page 6 o114 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: / . P 4j ,I. 'a ��* lt! Q,u J APPLICANTNAME: i/�1-J+- )"aV_QR)i Gyi APPLICANT PHONE: 4A—Z1R6Z:% REQUESTED VACATION(applicant mast check all that apply): ��e f -`.• Q„ Jti Utility Easement yRight -of --way for alley or streets and all utility easements located within the vacated right- of- way. U 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 I Address (rofeaing to auayImd document- most be cnmpl caw') IV] (ATTACH legal description and graphic representation of what Is being vacated -,SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. 0 No objections to the vacation(s) described above, provided following described easements arc retained. (State the location, dimensions, and purpose below.) ANo objections provided the following conditions are met: TNit Avgiat 1012 Page 5 Planning Commission April 28, 2014 Agenda Item 5 14-4674 Moore Lane Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /2$ A UTILITY COMPANY: SW Pco AISP APPLICANTNAME: 1947'1.1' -A—pTpLICANT PHONE: L�.2Ja'A Z-7 ,jZ REQUESTED VACATION (applicilniarstcheckg((thatapply): G/O Utility Easement Righ"f 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 (aFsy, easement, right -of --way), described as follows: General location /Address (referring//t/oo attached doocuuttnent- m bo completed " ) ., la l r.,r^, - L /,1.-.' '-fl. o— 1"In �'I (ATTACH legal description gp¢gmphle representadort of what is being vacated-SURVE19 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 aro met: S ignalug ofUdiity Company Representative 1Si'. � frAR'GT Title Augur12012 Page 5 Planning Commission April 28, 2014 Agenda Item 5 14-4674 Moore Lane Page 8 of 14 UTILITY APPROVAL FORM FOR RIGHT -OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE:// _a G — / 3 UTILITY COMPANY: C� APPLICANT NAME: APPLICANT PHONE: 4(2�,7,-q VZ7 IIEQUPSTED VACATION (applicant ntust check tig 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, easement, right -of --way), described as follows: General location / Address (referring to attached document- must be (ATTACH legal description glQgraphic representation of what Is being vacatedSURVEIrj UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided tho following conditions are met; Signature of Utility Company Reorocnialivt !ec%� Title August 1011 Pcgr S Planning Commission April 28, 2014 Agenda Item 5 14-4674 Moore Lane Page 9 of 14 UTILITY APPROVAL FORM FOR RIGHT. OX WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Q/ 3 UTILITY COMPANY: (a e APPLICANTNAME: 116.ill APPLICANT PHONE 44--7_ `e�f L Z-7 ! REQUESTED VACATION(applicant must check aft that apply): �IL51/// 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, easement, right-of-way), described as follows: General,,lll^�oc��at-�ion / Address/(referring to st tied document. must be completed*-) (ATTACH legal description audgrall representation of what If being vacated-SURVE19 UTILITY COMPANY CON2vIBNTS: No objections to the vacalion(s) described above. 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 we met: Signature of Utility Company I epreals ive Construction Planner NWA Title Aul 2012 Pagr 5 Planning Commission April 28, 2014 Agenda Item 5 143674 Moore Lane Page 10 of 14 UTIMY APPROVAL FORM FORRIGRT OF-WAY,ALLEY,AND U MITY EASEMENT VACATIONS DATE: -Awl // UTILITY COMPANY: 1�1i C�r� { � l ��D�U� fz✓ ) �/ ,� �] APPLICANT NAME: �/ASR' 90-cALIDCY� APPLICANT PHONE: 4-Z —'7 M7 REQUESTED VACATION(dppltcvtmotcheagatkatapplp): � DAMR- T--,e124WA3 Utifity'Eesement ,W Rigbtof-way far alley or stirs and all utility easements located within the vacated right- of. way. ❑ Alley Street right-of-way I have been notified ofthe petition to vacate the following (alley, easement right-af--way), described as follows: Gel location I Ad/dress (rofetring to ri/�c_hod docurnerd- must be •r �.Lv,. A,. L rY.., o 7,z" mea A -W" * (ATTA CHtegal docripdoa aodgrapkic represmtadm of what U being vacs&M VR VEV U MITY COMPANY COMMITS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements aro retained. (Store the local dimensions, and Purpose below.) No objections Provided the following conditions am met: Signal of Utility Compal Representative 70J I r IRN��QY Title AwgartZdll Page 3 Planning Commission ApM 28, 2014 Agenda Item S 14-4674 Moore Lane Page it of 14 UTHXrY APPROVAL FORM FOR RIGBf-Of- WAY, AU",AND urajPY RASKMENT VACATIONS DATE: /A - //' 3 UTIIM COWANY: � AT iT APPLICANTNAW: ! /,,W k%AaL r , O ClAPPLICANTTPPHONE: +4 g(( MUESTEDVACATION (w9csatNOW chadktla Wb): 6)hve ty pic UdllEassmm �^e•/ /aD Rightof-way for alley or sham and all utility ems natb loafed within the vacated right• of- way. ❑ Alley Secret do"I-way I have been notified of the petition to vaase the following (aft earatneal dgkb f -WW, described as Pollows: General htatlan I Address (teterting to awehed doamLM mutt be completed") (ATFACHked AMOV" MdrWAk np►ease We t ofdrat Is beteg Vince Aff"URVE19 UTRXI Y C0h1PANY COJIMUM: ❑ No objections to the vocation(s) described above. No objections to the vsatloa(s) described above, provided following described cue smas are retained. (State the location, dimensions, and purpose below.) No objections provided the fallowing conditions are mea: lReuxicrnom Or O E. ASC f Al Gt KT1 SlI �:)Piciu'C ies WiLLEE CATerz1'j FoR AT-n4E- OwlvEt �E1161.U�`i4t.5 �-XPE/r1S� - Signdare of Will Compaay Rquesamcative OSP �6SL�NN(�►NE�YZ Tifle Agrot1011 Poe! Planning Commission April 28, 2014 Agenda Item 5 144674 Moore Lane Page 12 of 14 VAC 144674 Close Up View qk..P,;^s MOORE LN THE PINES AT SPRINGWOODS QRnlnteae WOLF Ruvop. detrt,:_1y Fayetteville Cityimits VAC1 4-4674 Footprints 2010 Hillside -Hilltop 0 erlay District Design Overlay listrict a 125 250 ------ Planning Area FEENESiiiiie c)_ I., 500 750 1000 Planning CummjWw NMI 28.2014 A§* d.11ili 1 6 14-4674 Moore Lane Page 13 of 14 VAC14-4674 MOORE LN THE PINES AT SPRINGWOODS One Mile View P:f i 9P I I k)EF fid• � "'��"'!� .Mr fli.... r. u.... r ra (rlfll creta II RSA I wxo 1 II ` SUBJECT PROPERTY !nf e�DR 17DR I I r -f1,� it -.,4 ■� � _ CSC&.p. Wyi,•".fny..�. C n r If r � {� Boge �1 14 Agenda Item 5 144674 Moore Lane Page 14 of 14 _ - •••••1, 18119J11 EPAV SKYtLR OR 'b' PI' 4.1d1 Overview Legend VAC 4-4674 ,a Y.,-, Soject Property i Desi n Overlay District r �.0 1- -,� �� Boundary Plan ling Area .. 4;ti. Faye tteville 0 0.25 0.5 1 Miles Agenda Item 5 144674 Moore Lane Page 14 of 14 NORTHWEST ARKANSAS DEMOCRATGAZETTE NORTHWESTARKANSAS I IL MORNING NEWs OF SPRINGDALE NEWSPAPE16LLC oIEW$OFROGEfl$ NOR IHWF"5T MxAN$A$ T1 VES HENIMNNING tr:ON COUNfY DAILY RECORO 212 NORTHEAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O.BOX 1607, 72702 14794421700 1 WWWNWANEWS.COM 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. 5688 Was inserted in the Regular Editions on: May 29, 2014 Publication Charges: $110.25 JC'L r rot QLe�, Karen Caler Subscribed and sworn to before me Thisbe) day of ��) 2014. Notary Public My Commission Expires: Z/?,% CATHY WILES E sas - Benton County lic - Comme 12397118sion Expires Feb 20, 2024 RECEIVED MAY 2 9 2014 CITY OF FAYEI TiVILA F C11y CI FRK'F 17FHC_F ORDINANCE NO. 5898 CITY OF AN ORDINANCE APPROVING VAC 14-4674 SUBMITTED BY J OCATE EA lG ASSOCIATES 11T7/1 �� 1/� SUB PROPERTY LOCATE[] AT MOSO LANE QYG 11G IN THE PINES AT SPRIKWOOD-TO VACATE URLITY AND ACCESS'EASEMEWS. A R K A N S A S 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 por- tion of the platted utility and access easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SBCIIOA t: That the City Counall of the City of Fayetteville; Arlbare g, hereby rotates and abandons ma following portion of uthdy end amass easements as shown on ExhlWt "A" 0tach 00 heralo and mails s pert thereof. Section 2: That a dopy of this Ordb erace duly certified by thaCity Clerk along with the map mtached end labeled Exhibit 'A' shall be fled in tha oklde of the Recorder of tae Caunly and recorded In the Dead RscoNs at the County. SeOtlm 9: That this vaceli approval Is eabJsbt to the following mridhlons or approval and shell not be In effect Url the cpndNlbn , are mat: 1. The required fire pvcM road for tae Partes at Spdngwoms phase t shall be retained IhrOL'gh the subject property, and adequate vehicular mnnoctivlty between the Phos at Spdngwoada Phase I evil the sobteel property shall be Pravldsd ut this time of devetdpmeal of the subject property. Pei fei and approval of. appropriate Connectivity by City Planning staff or Planning CammNelon of the time pf development. 2. Subject to the installation of new water/sewer lines to serve the adjusted lots. 3. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 20th day of May, 2014. APPROVED: ATTEST: By: _ By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerkrrreasurer Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer. **NOTE** Please do not pay from Affidavit. Invoice will be sent.