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HomeMy WebLinkAboutOrdinance 5689Doc ID: 015753480003 Type: REL %Ind: ORDINANCE Recorded: FeeAmt: $25.00,Paga Ito 2325:42 PM wast Ington County, AR Kyle Sylvester Circuit Clerk FSIe2014-00013860 ORDINANCE NO. 5689 AN ORDINANCE APPROVING VAC 14-4685 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT SHILOH AND FOXGLOVE DRIVE TO VACATE A PORTION OF A UTILITY EASEMENT. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easements are not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following portion of utility easement described in Exhibit `B" attached hereto and made a part thereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the following conditions of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. PASSED and APPROVED this 201h day of May, 2014. ATTEST: By: &417il& SONDRA E. SMITH, City Clerk/Treasurer _ "IAyilfFblll� _ r `: - ., s$. EXHIBIT 'A' EXHIBIT'B' VAC 14-4685 LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A 20 foot utility easement located between lots 13, 14 and 17 of Meadow Field Commercial Subdivision (Springwoods Lot 1) in Fayetteville, Arkansas as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Comer of said lot 13 thence N55°38' 14"W 25.06 feet to the P.O.B. which is a point on the center of said 20 foot utility easement thence N55°38'14"W 197.65 feet to the SW Corner of said lot 13 thence N87°33'08"W 214.47 feet and also being beginning at the SW Corner of said lot 13 thence N14°43'01 "E 256.24 feet and said previously described lines being the center of a 20 foot utility easement to be vacated. Washington County, AR I certify this instrument was filed on 08/05/2014 02:25:42 PM and recorded in Real Estate File Number 2014-00013880 Kyle Sylvester - Ci t G by Quin Thompson Submitted By City of Fayetteville Item Review Form 2014-0213 Legistar File Number 05/20/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department VAC 14-4685: Vacation (SHILOH DR AND FOXGLOVE/SPRINGWOOD C-PZD, 287): Submitted by JORGENSEN & ASSOCIATES for property located at SHILOH AND FOXGLOVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.22 acres. The request is to vacate part of a utility easement. Does this item have a cost? = Cost of this request Category or Project Budget Program or Project Name Account Number Funds Used to Date Program or Project Category $0.00 Project Number Remaining Balance Fund Name Budgeted Item? Budget Adjustment Attached? (01 Previous Ordinance or Resolution # V2D190V2013011 FR E ssr Original Contract Number: Comments: /�� ^ ,5 . S �� �. CITY OF S01 e V ikqSSy ARKANS MEETING OF MAY 20, 2014 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, City Planning Director 7 FROM: Quin Thompson, Current Planner DATE: May 02, 2014 SUBJECT: VAC 14-4685: Vacation (SHILOH DR AND FOXGLOVE/SPRINGWOOD C-PZD, 287): Submitted by JORGENSEN & ASSOCIATES for property located at SHILOH AND FOXGLOVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.22 acres. The request is to vacate part of a utility easement. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to vacate a utility easement as requested by the applicant. Planning Division staff recommends approval of the request. BACKGROUND: The subject property is at the intersection of Shiloh Drive and Foxglove Drive, and west of 1-540. The property is within a Commercial Planned Zoning District and contains approximately 5.25 acres and three lots. The applicant requests vacation of a platted utility easement in order to facilitate development of three lots as a part of a single project that requires removal of the existing easement. 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. 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. BUDGET/STAFF IMPACT: N/A Attachments: CC Ordinance Exhibit A Exhibit B Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AN ORDINANCE APPROVING VAC 14-4685 SUBMITTED BY JORGENSEN & ASSOCIATES FOR PROPERTY LOCATED AT SHILOH AND FOXGLOVE DRIVE TO VACATE A PORTION OF 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 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 portion of utility easement 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. Lo Section 3: That this vacation approval is subject to the following conditions of approval: 1. Any damage or relocation of existing facilities shall beat the owner/developer's expense. PASSED and APPROVED this LIONELD JORDAN, Mayor day of 2014. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer I IT EX H|B|T VAC 14-4685 LE,� . VAS 1u Nc� q(I uv�UoaA EXHIBITS' VAC 14-4685 LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A 20 foot utility easement located between lots 13, 14 and 17 of Meadow Field Commercial Subdivision (Springwoods Lot 1) in Fayetteville, Arkansas as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Corner of said lot 13 thence N55°38'14"W 25.06 feet to the P.O.B. which is a point on the center of said 20 foot utility easement thence N55°38'14"W 197.65 feet to the SW Corner of said lot 13 thence N87°33'08"W 214.47 feet and also being beginning at the SW Corner of said lot 13 thence N14°43'01 "E 256.24 feet and said previously described lines being the center of a 20 foot utility easement to be vacated. VAC 14-4685 Close Up View EA 0 Lege'Did ......•••••• Multi -Use Trail (Existing) ......... Future Trails olerviq.4 Fayetteville City imits VAC 14-4685 Footprints 2010 Hillside -Hilltop Overlay District jDesign Overlay istrict 0 75 Planning Area SPRINGWOOD CPZD ;T 150 300 450 600 000 e AAyrJV. • ,r rJ ` gV ul �• ..��/ :fir\$� ..I c F • J 1 11 iLL u.o,o - �•�'irlk11F- �� , �. s - :. JO r'fA If ko'..—Au• T '1 ti n. 11 a fj I 1 d'IY-1 ''L �'� � �ll�� al�C-'t.i:��lt e:�•5�.1�` -.�..i�et•3 • - - Legend — CITY OF ayevi le Y ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director Quin Thompson, Current Planner ^^•�'.�,28, 2014 UPDATED MAY 02, 2014 SUBJECT: VAC 14-4685: Vacation (SHILOH DR AND FOXGLOVE/SPRINGWOOD C-PZD, 287): Submitted by JORGENSEN & ASSOCIATES for property located at SHILOH AND FOXGLOVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.22 acres. The request is to vacate part of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 14-4685 to the City Council with a recommendation for approval with conditions. BACKGROUND: The subject property is at the intersection of Shiloh Drive and Foxglove Drive, and west of 1-540. The property is within a Commercial Planned Zoning District and contains approximately 5.25 acres and three lots. The applicant requests vacation of a platted utility easement in order to facilitate development of three lots as a part of a single project. DISCUSSION: Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundin Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped C-PZD South Undeveloped C-PZD East Multi -family residential RMF -24, Residential Multi-family/24 units per acre West Undeveloped C-PZD 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. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 Recycling & Trash Collection 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. ACTION: Required Date: April 28,201 O Tabled X Forwarded O Denied Motion: Winston Second: Autry Vote: 8-0-0 CITY COUNCIL ACTION: Required Date: May 20, 2014 O Approved O Denied GAETC\Development Services Review\2014\Development Review\14-4685 VAC Shiloh and Foxglove (Crain)\03 Planning Commission\04-28- 2014\Comments and Redlines BUDGET/STAFF IMPACT: None Attachments: Request Letter Petition to Vacate Vacation Plat Utility Approvals One Mile Map Close Up Map GAETWevelopment Services Reviewt2014\Development ReviewN14-4685 VAC Shiloh and Foxglove (Crain)W Planning Commission104-28- 20141Comments and Redlines JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 FAYETTEVILLE, ARKANSAS 72703 - (479) 442-9127 FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville 113 W Mountain Fayetteville, AR. 72701 Att: Planning Re: Easement Vacation (Crain Auto) 3/12/14 Attached please find information pertaining to an easement vacation required for the construction of the Crain Automotive Building. These easements do not have utilities in them. Please call concerning any questions you may have. Thank you. David L..Jorgensen, P.E. PETITION TO VACATE street right of way 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 as shown on attached easement vacation plat, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said right of way easements which is shown on the attached easement vacation plat. ( SEE ATTACHED ) That the abutting real estate affected by said vacation would not be adversely affected. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate said right of way easement, 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, 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 easemems of the public for the use of said right of way. Dated this -day of 201-�. Printed Name' Signature Printed Name Signature �fe\\ x�p y \ \ _ = I 3„NiLLI..I�tlUY%0,1JifUXf .i yy % 1 0 f3 O I I I i�J NOILY]Y111XiW3tlY3 A11111 lLl L'J3fOtld ^a ye� 5 �fe\\ x�p y \ \ 1 1 I I Ie � 'i II IrY"II o u� 4 allJ dy i I I UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 311-71'-2-01 UTILITY COMPANY: //'�� APPLICANTNAME: l..-0-MtJ �11'rBrnthitt� APPLICANTPHONE:_, REQUESTED VACATION (applicant must check all that apply): 0i Utility Easement ❑ Right -of --way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Streetright-of-way . I have been notified of the petition to i T'pX� Lvaccate the following (alley, easement, right-of-way), described as follows: General location /Address Jwpk we (ATTACK legal description and graphic representation of what Is being vacated-SURYEi) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above, and no comments. O No objections to the vacation(s) described above, provided following described easements are retained (State the location, dimensions, and purpose below.) td No objections provided the following conditions are met: Any damage to or relocation of existing facilities will he al the developerciowners Signature of Utility Company Construction_ Planner III NWA Title December 2013 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: O za ks G I LcTje APPLICANT NAME: �(�'/rrnl a' 11) Ve_ APPLICANT PRONE: REQUESTED VACATION (applicant must check all that apply): i 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 Li "O 'ti (ATTACH legal description and graphic representation of what Is being vacatedSURVEY) UTILITY COMPANY COMMENTS: xNo objections to the vacation(s) described above, and no comments. ❑ 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: � /- /4�� Signature of Utility Compaq resemativc Title Deeember2013 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: �' IR 2014- UTILITY 014- UTILITY COMPANY: WfrO 2- a..l APPLICANT NAME: -ML1 r"g�vel— APPLICANT PHONE! h Tr"�SS,ga REQUESTED VACATION a lieani must check l Char —� I �7 (PP a1 aPP1Y)� i 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: I _ General location /Address �! (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above, and no comments. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 1 No objections provided the following conditions are met: 7 15 i -TNF _5J1�P FAS O M_b t-75 Signature of ['ti.nr Compeny'Represemolive ,,,��ihrE�l��i26�roR .Gon u��rFr2 a"_- �FwFR �B�rJv)JS I!tle _ December 1013 Pnge 3 UTILITY APPROVAL FORM FOR RIGHT -OF -NAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: ?-17-15* UTILITY COMPANY: l "�c,/�„jr:•Jl.� i f_ phy��v APPLICANT NAME: �i. JJ APPLICANT PHONE! FJ REQUESTED VACATION (appllcartt must check 2 that appls) !-z-41. Z7. S� Utility FAsement Right-of-wav for alley or streets and all unlit} easements located within the vacated right- of- way Aliey Strcet right-of-way, I have been no-ified of the petition to vacate the following (alley, easement, right-cf-way), descnbcd as follows- General location l Address _:�4wi I .SLP (ATTACH legal description andgraphic representation of what is being vacated-SL%RVEY) i TiLITY COMPANY COMMENTS: u� No objections to the vacation(s) described above, and no comments. '-? No objections to the vacation(s) described above, provided following desenbed easements are retained. (Slate the location, dimensions, and purpose below.) No objections provided the following conditons are met. Sionalare of Uli Comcanp Aeoresentalivc ��s¢s'Ct' .IC.LJ_rc.t3 —DA . T::Ic December 1013 Pages TOO/ 10012 an 'ze •aTTina;;a6e; •Toduoveosoaz; MfJ1 g5:L0 bTOZ LT/EO I/ L ZI ISLOLL/£0/bLOZ UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: �1 ;•G -)!_ »��r� `141s:YP APPLICANT NAME: l-. V' p" J A i tprn 1 y,,-- APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): 'd- 7- JZ -7 �i 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_�� k (' (ATTACH legal description and graphic representation of what is being vacated -SUR VEYJ UTILITY COMPANY COMMENTS: ,� No objections to the vacation(s) described above, and no comments. ❑ 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 Yidc December 20/3 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: / APPLICANT NAME: -g' Irt nl kyPrb t2±iVe- APPLICANT PHONE:$� el aPp1Y%� REQUESTED VACATION (applicant must check all that q 0i Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of. way, ❑ Alley ❑ Streetright-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 !�A4104- (y 6c� (ATTACH legal description and graphic representation of what is being vacated-SURVEij UT IT Y COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. ❑ 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: ' <46, &/V-\- Signagre of Utility Cdmpany Representative l5 4; St V1P;� Title DaxMber2013 Page 5 UTILITY APPROVAL FORM FORRIGEIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: 69u ret LAY APPLICANT NAME: l_. {Z.k,a �7,�YP�tB'f i V.e APPLICANT PHONE: REQUESTED VACATION (applicant must check ag that apply): 39 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 uoliEedsfthepedtio__utov acaw-titifolloming_(faUey, easemen ,-ig ht-qr-w-gy_)-doscribcd as llow3: General location / Address 6tw >-D (AYTACX legal description rgtidgraphic representation of what is being vacated -SURVEY) UTMITY COMPANY COMMENTS: 0, No objections to the vacation(s) described above, and no comments. ❑ 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 `5—igna hire of Utility Company Representative �'. X11, wry �vC>• Title Deo ber2013 Page 5 EXHIBIT 1131 VAC 14-8685 LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A 20 foot utility easement located between lots 13, 14 and 17 of Meadow Field ,,nmercial Subdivision (Springwoods Lot 1) in Fayetteville, Arkansas as per plat of said subdivision recorded in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and being described as follows: Commencing at the SE Comer of said lot 13 thence N55038'14"WA5.06 feet to the P.O.B. which is a point on the center of said 20 foot utility easement thence N55038'14"W 197.65 feet to the SW Corner of said lot 13 thence N87033'08"W 214.47 feet and also being beginning at the SW Corner of said lot 13 thence N14,743'01 "W 256.24 feet and said previously described lines being the center of a 20 foot u)flity easement to be vacated. N 1� Volzf; 1Z'a .ntifu..i�. ac _ Ir VAC 14-4685 Close Up View SPRINGWOOD CPZD 0 Legep"d ...... ....... Multi -Use Trail (Existing) ........ Future Trails deervi,L4 Fayetteville City VAC14-4685 Footprints 2010 Hillside -Hilltop C Design Overlay Planning Area District CPZD SUBJECT PROPERTY X zeo RA RIFM 0 75 150 300 450 600 Feet NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS Or SPNINGIIALE NEWSPAPERSLLC HEMORNING ARKANS STIMES NORi 111Yr.ST hPKAN5A511Mf 5 BEN IUN CUUNI Y DAILY RECOIIU 212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607 727021 4794421700 i WWW.NWANEWS.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. 5689 Was inserted in the Regular Editions on: May 29, 2014 Publication Charges: $84.31 i Karen Caler Subscribed and sworn to before me This -126' day of -11 , 2014. Notary Public ' My Commission Expires: 21?r'IZ02- ECATHY Ill Arkansis - Banton County lic - Commis 12397116 sion Expires Fab 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED MAY 2 9 2014 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE We 5689 CITY OF AN. APPROVING VAC V MRB TTE YEJORGENI & ASSOCIATES FOR PROPERTY LOCATEFayeUvIlle D AT SHILOH ANOFOXGLOVE DRIVE TO VACATE A PORRON OF A UTILITY EASEMENT. to "calle �1LRI�,ic ndso City icil has The authority under ACA 9 14 -54 .1 s thereof "i0r, e o cot rrequlred 'or corporateApurposes and WIIFFI=r Il Ctly Council lies determined that the following described portion al the plattad utl Nty cosemenis are not required for corporate purposes; NDW. THEREFORE, BE IT ORDAINED BY THE CITU COUNCIL OF THE CITU OF FAYETTEVILLE. ARKANSAS: Section 1; That Isle City Cnuncx of Iha City of Fayetteville. Arkansas hereby vacates and abandons the 0ellowlng portion of utility easement described in Eshibll "9" attached hereto and Made a part thereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the ,p attached of the County ands filed ecorded n the Deed Recordsof in Countoffice of the Recorder . Section 3: That this vacation approval is subject to the fallowing conditions Of approval: 1. Any damage or relocation of existing facilities shall be at the owner/developer's expense. 2014 PASSED and APPROVED this 20th day of May, APPROVED! ATTEST: By: — By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerkRreasurer Exhibits for this ordinance may be viewed In the otfli of the City Clerk/Treasurer.