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HomeMy WebLinkAboutOrdinance 5776111l1l11111111I11!!1!!!1lIl�I111111111111111!llllllll11I111l111111111I111II! K1nd1p 07NCE350000q Typ@; qEL Recon, �ROINA Fee AmtN X5/75/2015 at 02:29;54 IM Nash! Kyle SnpTo.SCouunntyapAR7 of 4 ylvester Cir Clerk F11e2015-00016314 ORDINANCE NO. 5776 AN ORDINANCE TO APPROVE VAC 15-5037 SUBMITTED BY BLEW & ASSOCIATES FOR PROPERTY LOCATED AT HARBOR ISLE AND ZION ROAD TO VACATE PORTIONS OF EXISTING UTILITY 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 utility easement is not required for corporate purposes; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following 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. Section 3: That this vacation approval is subject to the following conditions of approval: 1. Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. 2. Existing utilities located within the easements shall be abandoned and relocated as required by the utility providers at the owner/developer's expense. PASSED and APPROVED this 2"d day of June, 2015. ATTEST: By: Ja SONDRA E. SMITH, Cit: 15-5037 EXHIBIT 'A' VAC15-50371 WOODBURY SID Close Up View AP9 a O a ALLEY 4399 FRONTIER ELM DR Z J Rl Q ALLEY4360 H 2 ry J a z 5 < z V Q RPM RIVER BIRCH DR =ZAON RD. C4 w � a - p p z 4 Z a w w I J F RMF -21 P-1 6R a, O ftr 4 f- g _ _ 1 I I RA Legend: ------- Shared-USSIPaved1mil _ LJr - - I ......•• Neighborlldod./P-ark•Trail -- Natural'Surfdcc'e Trail O VAC15-5037 w?vers6ttFayetteville City Limits Footprints 2010 — Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area I Feet 15-5037 EXHIBIT 'B' EASEMENT VACATION 1 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°0T54"W 227.04', N00°06'41 "W 420.56', N89-53'1 9"E 51.41' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N31°02'38"W 80.56', THENCE NOO°06'41 "W 19.45', THENCE S31002'38"E 101.20', THENCE S80°3045"W 10.75' TO THE POINT OF BEGINNING. CONTAINING 909 SQUARE FEET, OR 0.02 ACRES, MORE OR LESS. EASEMENT VACATION 2 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', S86°27'13"E 241.51', NO3°32'47"E 79.51' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NO3019'46"E 20.29', THENCE N83°41'18"E 45.49', THENCE S06018'44"E 20.00', THENCE S83°41'16"W 48.89' TO THE POINT OF BEGINNING. CONTAINING 944 SQUARE FEET, OR 0.02 ACRES, MORE OR LESS. EASEMENT VACATION 3 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', S86°27'13"E 297.49', SOI -01-36"E 56.19', N88°58'24"E 47.93' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N85°00'12"E 30.00', THENCE SO4059'48"E 148.81', THENCE N86°27'08"W 30.34', THENCE N04°59'48"W 144.30' TO THE POINT OF BEGINNING. CONTAINING 4397 SQUARE FEET, OR 0.10 ACRES, MORE OR LESS. EASEMENT VACATION 4 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', S86°27'13"E 297.49', SO 1'01'36"E 225.60', S86°27'08"E 213.58', NO3°32'52"E 30.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N47019'45"E 28.31', THENCE N10°50'49"W 125.83', THENCE N79-09'1 VE 30.00', THENCE S10°50'49"E 137.81', THENCE S47°1945"W 22.56', THENCE N86°27'08"W 36.01' TO THE POINT OF BEGINNING, CONTAINING 4616 SQUARE FEET, OR 0.11 ACRES, MORE OR LESS. EASEMENT VACATION 5 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', S86°27'13"E 297.49', SOI °01'36"E 225.60', S86°27'08"E 370.40', NOI-36'59"E 317.66', N88°23'01 "W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N89002'57"W 103.89', THENCE N00°47'03"E 30.00', THENCE S89°12'57"E 104.30', THENCE SO 1033'37"W 30.30' TO THE POINT OF BEGINNING. CONTAINING 3139 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS. EASEMENT VACATION 6 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', S86 -27'13"E 297.49', S01 °01'36"E 225.60', S86°27'08"E 370.40', N01 °36'59"E 461.83', N88023'01"W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N89012'57"W 107.00', THENCE N00°47'03"E 6.76', THENCE 578054'34"W 40.15', THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 971.82', HAVING A CHORD BEARING AND DISTANCE OF NO6005'02"W 1.41', THENCE N75053'33"E 32.40', THENCE N89006'26"E 115.37', THENCE S01 °36'59"W 11.60 - TO 1.60'TO THE POINT OF BEGINNING. CONTAINING 1166 SQUARE FEET, OR 0.03 ACRES, MORE OR LESS. EASEMENT VACATION 7 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', S86027'13"E 297.49', S01°01'36"E 225.60', S86027'08"E 370.40', NO 1-36'59"E 493.45', N88023'01 "W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE S89006'26"W 118.57', THENCE 575053'33"W 32.13', THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 971.82, HAVING A CHORD BEARING AND DISTANCE OF N07022'18"W 1.94', THENCE N7703 1'43"E 51.87', THENCE S89°12'57"E 99.38', THENCE SO 1-36'59"W 2.09' TO THE POINT OF BEGINNING. CONTAINING 458 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS. EASEMENT VACATION 8 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00007'54"W 227.04', 586027'13"E 297.49', SOI°01'36"E 225.60', 586027'08"E 370.40', N01036'59"E 595.86', N88023'01 "W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N88004'00"W 141.00', THENCE NOI056'00"E 30.00', THENCE S88004'00"E 141.17', THENCE 501036'59"W 7.95', THENCE N88059'21"W 63.85', THENCE 501000'39"W 20.00', THENCE S88.59-21 "W 63.64', THENCE 501036'59"E 2.05' TO THE POINT OF BEGINNING. CONTAINING 2958 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS. EASEMENT VACATION 9 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86023'57"E 653.49', N00007'54"W 227.04', S86-271 3"E 297.49', SO1001'36"E 225.60', S86027'08"E 370.40', N01036'59"E 677.42', N88023'01 "W 130.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N86019'49"W 50.42', THENCE N84°20'13"W 19.81', THENCE N89006'26"E 70.09', THENCE 500029'39"W 6.27' TO THE POINT OF BEGINNING. CONTAINING 237 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 06/15/2015 02:29:54 PM and recorded in Real Estate File Number 20 016314 Kyle Sylvesle - le by City of Fayetteville, Arkansas 113 West Mountain Street -- Fayetteville, AR 72701 I`f r (479)575-8323 I'�Ii 'tea Text File — File Number: 2015-0248 Agenda Date: 6/2/20115 Version:1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 2 VAC 15-5037 (HABOR ISLE & ZION RDS./WOODBURY S/D) AN ORDINANCE TO APPROVE VAC 15-5037 SUBMITTED BY BLEW & ASSOCIATES FOR PROPERTY LOCATED AT HARBOR ISLE AND ZION ROAD TO VACATE PORTIONS OF EXISTING UTILITY 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 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 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. Section 3. That this vacation approval is subject to the following conditions of approval: I. Any damage or relocation of existing facilities and associated new easement dedication shall be at the owner/developer's expense. 2. Existing utilities located within the easements shall be abandoned and relocated as required by the utility providers at the owner/developer's expense. City of Fayetteville, Arkansas Page i Printed an 5/28,2015 15-5037 EXHIBIT 'A' VAC15-5037 WOODBURY SID Close Up View I ..i ,Pl Ii 1 uL.•� 1��.r;, Ir. � r f b h ii r - ALLEY4398 - .,-� 1 .� �� [ FRONTIER ELM DR _ II1'- r Q Q ALLEY4360 F i a 5 U O RPZD RIVER 8PRCH.DR ❑ti Si [R y J Y RSF- ' I - g .. - _ r IW Legend •y,`, 1.1 Shared -Use Paved Will I - ..•••.r Neighborhood/Park Trail Natura[ Surface Trail VAC15-5037 -_&'„Fayetteville City Li ern nits Footprints 2010 Hillside -Hilltop Overlay District [_ ! Design Overlay Di trict Design Overlay DI trict ------ Planning Area 0 125 250 500 750 1,000 Feet 15-5037 EXHIBIT 'B' EASEMENT VACATION I DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', N00°06'41 "W 420.56', N89°53' 19"E 51.41' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N31°02'38"W 80.56', THENCE N00°06'41"W 19.45', THENCE S31°02'38"E 101.20', THENCE S80°30'45"W 10.75' TO THE POINT OF BEGINNING. CONTAINING 909 SQUARE FEET, OR 0.02 ACRES, MORE OR LESS. EASEMENT VACATION 2 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'13"E 241.51', N03°32'47"E 79.51' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N03°19'46"E 20.29', THENCE N83°41'18"E 45.49', THENCE S06°18'44"E 20.00', THENCE S83°41'16"W 48.89' TO THE POINT OF BEGINNING. CONTAINING 944 SQUARE FEET, OR 0.02 ACRES, MORE OR LESS. EASEMENT VACATION 3 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', 586°27' 13"E 297.49', S01°01'36"E 56.19', N88°58'24"E 47.93' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N85°00' 12"E 30.00', THENCE S04°59'48"E 148.81', THENCE N86°27'08"W 30.34', THENCE N04°59'48"W 144.30' TO THE POINT OF BEGINNING. CONTAINING 4397 SQUARE FEET, OR 0.10 ACRES, MORE OR LESS, EASEMENT VACATION 4 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'13"E 297.49', S01°01'36"E 225.60', 886°27'08"E 213.58', N03°32'52"E 30.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N47°19'45"E 28.31', THENCE N10°50'49"W 125.83', THENCE N79°09'11"E 30.00', THENCE SIO°50'49"E 137.81', THENCE S47°19'45"W 22,56', THENCE N86°27'08"W 36.01' TO THE POINT OF BEGINNING. CONTAINING 4616 SQUARE FEET, OR 0.11 ACRES, MORE OR LESS. EASEMENT VACATION 5 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'13"E 297.49', S01°01'36"E 225.60', S86°27'08"E 370.40', NO 1°36'59"E 317.66', N88°23'01 "W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N89°02'57"W 103.89', THENCE N00°47'03"E 30.00', THENCE S89°12'57"E 104.30', THENCE S01 °33'37"W 30.30' TO THE POINT OF BEGINNING. CONTAINING 3139 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS. EASEMENT VACATION 6 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'13"E 297.49', S0I °01'36"E 225.60', S86°27'08"E 370.40', NOI °36'59"E 461.83', N88°23'01"W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N89°12'57"W 107.00', THENCE N00°47'03"E 6.76', THENCE S78°54'34"W 40.15', THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 971.82', HAVING A CHORD BEARING AND DISTANCE OF N06°05'02"W 1.41', THENCE N75°53'33"E 32.40', THENCE N89°06'26"E 115.37', THENCE S0l°36'59"W 11.60' TO THE POINT OF BEGINNING. CONTAINING 1166 SQUARE FEET, OR 0.03 ACRES, MORE OR LESS. EASEMENT VACATION 7 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'13"E 297.49', S0l°01'36"E 225.60', 886°27'08"E 370.40', NO1°36'59"E 493.45', N88°23'01"W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE S89°06'26"W 118.57', THENCE S75°53'33"W 32.13', THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 971.82, HAVING A CHORD BEARING AND DISTANCE OF N07°22' 18W 1.94', THENCE N77°31'43"E 51.87', THENCE S89°12'57"E 99,38', THENCE SOI°36'59"W 2.09' TO THE POINT OF BEGINNING. CONTAINING 458 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS. EASEMENT VACATION 8 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'I3"E 297.49', SO1°01'36"E 225.60', S86°27'08"E 370.40', NO1°36'59"E 595.86', N88°23'01"W 40.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N88°04'00"W 141.00', THENCE N01°56'00"E 30.00', THENCE S88°04'00"E 141.17', THENCE S01°36'59"W 7.95', THENCE N88°59'21"W 63.85', THENCE S0l°00'39"W 20.00', THENCE S88°59'21"W 63.64', THENCE S01°36'59"E 2.05' TO THE POINT OF BEGINNING. CONTAINING 2958 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS. EASEMENT VACATION 9 DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°23'57"E 653.49', N00°07'54"W 227.04', S86°27'13"E 297.49', S01°01'36"E 225.60', S86°27'08"E 370.40', N0l°36'59"E 677,42', N88°23'01 "W 130.00' FROM THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N86°19'49"W 50.42', THENCE N84°20'13"W 19.81', THENCE N89°06'26"E 70.09', THENCE S00°29'39"W 6.27' TO THE POINT OF BEGINNING. CONTAINING 237 SQUARE FEET, OR 0.01 ACRES, MORE OR LESS. City of Fayetteville Staff Review Form 2015-0248 Legistar File ID 6/2/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 5/15/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-5037: Vacation (HARBOR ISLE & ZION RDS./WOODBURY S/D, 137): Submitted by BLEW & ASSOCIATES for properties located at the INTERSECTION OF HARBOR ISLE & ZION ROADS. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.74 acres. The request is to vacate portions of multiple utility easements within the subdivision. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 'RttM1e ARKANSAS MEETING OF JUNE 2, 2015 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director DATE: May 15, 2015 SUBJECT: VAC 15-5037: Vacation (HARBOR ISLE & ZION RDS./WOODBURY S/D, 137): Submitted by BLEW & ASSOCIATES for properties located at the INTERSECTION OF HARBOR ISLE & ZION ROADS. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.74 acres. The request is to vacate portions of multiple utility easements within the subdivision. RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to vacate portions of existing utility easements. BACKGROUND: The subject property is located on the south side of Zion Road within the Woodbury neighborhood, across Zion Road from the Lakewood Village neighborhood. The Woodbury project was approved by City Council as a Planned Zoning District (PZD) in 2006. The PZD was a master planned development for 67 single family units, 45 multi -family units and a 1.12 -acre common green with community pool in the center of the development. Easements were dedicated throughout the property and infrastructure for the project, 16 single family dwellings and the community pool were constructed several years ago. A majority of the site remains undeveloped with the exception of the infrastructure. The property was rezoned to NC, Neighborhood Conservation in 2011. On April 27, 2015 the Planning Commission approved a preliminary plat to create a 38 -lot single family subdivision on the property. The applicant requests vacation of multiple easements throughout the property that were originally platted to serve the Woodbury PZD, but conflict with the larger lot subdivision currently approved. Easements proposed to be vacated are shown on the attached plans. DISCUSSION: On May 11, 2015 the Planning Commission forwarded this item to the City Council with a recommendation for approval by a vote of 7-0-0 on the consent agenda. BUDGET/STAFF IMPACT: N/A Attachments • CC Ordinance • Exhibit A • Exhibit B • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street wvvw.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF ¶��ttvi1e PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: May 11, 2015 Updated with Planning Commission results SUBJECT: VAC 15-5037: Vacation (HARBOR ISLE & ZION RDS./WOODBURY SID, 137): Submitted by BLEW & ASSOCIATES for properties located at the INTERSECTION OF HARBOR ISLE & ZION ROADS. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.74 acres. The request is to vacate portions of multiple utility easements within the subdivision. RECOMMENDATION: Staff recommends forwarding VAC 15-5037 to the City Council with a recommendation for approval. BACKGROUND: Background: The subject property is located on the south side of Zion Road within the Woodbury neighborhood, across Zion Road from the Lakewood Village neighborhood. The Woodbury project was approved by City Council as a Planned Zoning District (PZD) in 2006. The PZD was a master planned development for 67 single family units, 45 multi -family units and a 1.12 -acre common green with community pool in the center of the development. Easements were dedicated throughout the property and infrastructure for the project, 16 single family dwellings and the community pool were constructed several years ago. A majority of the site remains undeveloped with the exception of the infrastructure. The property was rezoned to NC, Neighborhood Conservation in 2011. On April 27, 2015 the Planning Commission approved a preliminary plat to create a 38 -lot single family subdivision on the property. Surrounding land use and zoning is depicted on Table 1. IDirection from Site North South East West Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 Table 1 Surroundincf_Land Use and Z_oninn _ Land Use Single -Family Residential (Lakewood Subdivision) Woodbury neighborhood Multi -Family Residential Single -Family Residential Zoning RPZD, Residential Planned Zoning District R-PZD; NC RMF-24, Residential multi- Famil,;. 24 units/acre RSF-4, Residential single - Family, 4 units/acre Planning Commission www.fayet1e i11b- ?juv Agenda Item 2 15-5037 Woodbury 5/O Page 1 of 17 Proposal: The applicant requests vacation of multiple easements throughout the property that were originally platted to serve the Woodbury PZD, but conflict with the larger lot subdivision currently approved. Easements proposed to be vacated are shown on the attached plans. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES Cox Communications AEP/SWEPCO Source Gas AT&T Ozarks Electric CITY OF FAYETTEVILLE Water/Sewer Trash & Recycling Transportation Public Comment: No public comment has been received. RESPONSE No objections with conditions No objections No objections with conditions No objections with conditions No objections RESPONSE No objections with conditions No objections Not applicable Recommendation: Staff recommends forwarding VAC 15-5037 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. Cox Communication requires that the owner/developer will need to pay relocation costs of their plant within the proposed vacation and new easement will need to be platted from Zion Road tying into the first Cox Communication pedestal location within the subdivision 4. City water and sewer are located in some of the easements being vacated and must be killed out prior to vacation approval. 4f r the Planning CommrssWn Inggfgg the applicant wow/dad written documenlarlon rmm SguzaQ& agieemg to vacate a/! o!!he easem n(slincl�ding Area 1 as plop-ggg�,ivith i[rg condition that ulid[res in the easements to be relocated at L aneNdev_el QtSZedud1g9 Planning Commission May 11. 2015 G:\ETC\Development Services Review\2015\Development Review\15-5037 VAC Harbor Isle Dr. & Zion Rd (Woodbury SD)\03 Planning Commission\05-11-2015\Comments and Redlines Agenda Item 2 15-5037 Woodbury S/D Page 2 of 17 PLANNING COMMISSION ACTION ® Forwarded 0 Denied ❑ Tabled Date: May 11, 2015 Motion: Cook Second: Hoffman Vote: 7-0-0 Notes: Recommend approval; on consent agenda. BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map Planning Commission G:\ETC\Development Services Review\2015\Development Review\15-5037 VAC Harbor Isle Dr. & Zion Rd. May 11, 2015 (Woodbury SD)\03 Planning Commission\05-11-2015\Comments and Redlines Agenda Item 2 15-5037 Woodbury 8/D Page 3 of 17 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS Charlie Zardin Blew & Associates, PA 524 West Sycamore, Suite 4 Fayetteville, Arkansas 72703 Planning Commission City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 SUBJECT: Woodbury Subdivision Easement Vacation March 12, 2015 To Whom It MayConcem: The property developer, Buffington Homes, is requesting the vacation of portions of multiple Utility Easements located within Woodbury Subdivision located at N. Harbor Isle and Zion Road. These easements currently contain utilities which were installed with the Phase 1 construction of Woodbury. This subdivision is now being re -designed to create 33 buildable Single -Family Residential Lots. The existing utilities located within these easements are to be removed or relocated. The vacation of these easements would then allow for the creation of these single family lots. Sincerely, Charlie Zardin Blew & Associates, PA Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury SID Page 4 of 17 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS PETITION PETITION'EO VACATE EASE IEN'ES LOCATED IN WOOI)BURY SUBIDIVISION, CITY OF FAYETTEVILLE, ARKANSAS The Faycnevi IIe City Planning Commission and The Fayetteville City Council We, the undersigned, being all then wners of the real estate ablating the casement hereinafter sought to he abandoned and vacated, lying Ili Woodbury Subdivision, City of Fayetteville, At kansas, a mu nic ipal corporation, petition to vacate easements which are dcsct ibed as follows: R:A; 11V-; Tt AI Ai U':l 'A1'VI2:III IIL NUlk IIAI 1(411111( 1I11E. i.' 1111.1(1 :IIL111It 111. I I rJ4'l l),l llIJ7.ollll rc V' ili 3,'. I I CA.<Ill :cniIN COl i.l" ARIOyy vS M:.IN(; 2I(iRG 'JaiKI ICI IRI v I!1 -NY JH Ii AN I:{1111 u;v I ) 1VIl. /1 .l 1,hLH,(. AT V I'(IiNi 'N-ui ., Ig6'2l,`"1 ( IlP)', A11).';1'U'! 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L'l)INI II I I L, 1IV. ."'1':1--,119 A '0, _'1, i 1 /"20"_72;, 1 n 11'?Ill'li"lb Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury SID Page 5 of 17 SLEW &_ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS 60', `06r iLl( 1/1) 4L 1,1 sJ50'F I61 IV N:itl 2Y ,'.un0' PLOA0 I'IID. SO IIACLIS F Ct RSll It )l': \Ir lla1 1t:R80;+.s'r. AADkI;.o lW 'K'Nt9s" 12'57'✓!117th, t l,I CI(Nn0' I1'n I''; I1 I FNr t-o75's !'44AC 00 I5', hINL:RS IC'NIl A r 1'I_:IL I41110. II vY= AlitA It P(I;j 0r9l, s_' II AC Its ;H(tR I) h,\ t CNH.AAI) 1I,Arank FN1,"Ufi "\V 0 41',iIIFIM 1 N75'Sl'J '!(3) Ill, rfFN1. I-]R9"Ut7'6"F Ill lY rh1 N I:s01"io-19'Vv 1160' IOl1 I I't)INTI;FF i'!NNINt, I DN I.'Ii Ni JI IIbL>''i\REVLLI.11[I )U1it 0.G;, to it uRl.l-Si I-ASGCI5N'I 'o Vc.:11'It)N I DD.`CItrVI IUN FAItI'C- i1LiN(IitlIF \01t1!" v It IF. 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SRG'9ci cr 11).fcPO 'G'I: 1J000'IRC.yI IIIr.SUI iFi' dSI I. IlI.R( J.'OII F)RIPd(KE IRRAI I. [AND 1I LINNINI. I'EI}PJCG.Nnt ,19V.'10. 41. I'11E:NC.F; Nu^pu'13"P51011 111011 I-. `909?6"L 1 19' 1110; ( 1:00'1'59' V Ii) 1It!1'UIN'I IN Sht INSI:t;,rON"I '.ININC.'ll- IZtj%ttIF PE11 f. ()It 001 At 110,lll)RF r1R 1.115 I'S::, the abutting real estate at [Soled by said abando nn en(ol'dic cascmerti arc Parcel 11765-'S14S- 1!0i' & 763- 2834 7-1)67 within the City ot'Faycdeville used by the public for a period of acany years, and that the publle interest and welfare would not be ;Aversely affected by the abando,msnt of the portion -1 rho sue c described casement. The neur oners pray that the Cite ci F y trevilIc, Arkansas, abandon and vacate the above dccenhed 'cal estate, and rho the above described real cslare be used for their r' soccn'-e hone Gr and purpose as now apprevcd by law. The pa tilioriers further o)y 'hat Iho .,have describeI real est,, Ic be vested Jt the abutting prop tbt owners as provided by hew. DatedthisJpdayef MA.tei4 20 NAnf trot r ..LQAtik Printed Name Signature Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury SID Page 6 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 03/18/2015 UTILITY COMPANY: AT&T APPLICANTNAiVIE: Rlc,svc'k.cis.csi:s[ev P:L__ ___ APPLICAN'i PHONE:jj<)_I•F1 4 11, REQUESTED VACATION (applicant nuts( check all that apply): x Utility Easement Right -or -way for alley or streets and all utility casements located within the vacated right -of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, eareiaent. right-of-way), described as follows: General location ( Address Woodbury Subdivision Located at N. I [arbor Lsle and Zion Road t(ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described ahove, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below,) x No objections provided the following conditions are we: IF ANY AT&T FAt_ IIJTIES ARE DAMAGED OR ARE REQUIRED TO BE RELOCATED tIN i''ill I Ii ri- I H317f-/FI th?, NI F, ti Utility Company Representative i t F.I ,?E)C. Fitle Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury 5/0 Page 7 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: / UTILITY COMPANY: ©'? Rfpp � (CS /e -c r,e, APPLICANT NAME: Blew for Assnriares PA APPLICANT PHONE: 470-413_4506 REQUESTED VACATION (applicant mast check g(( that apply); utility Easement Right-of-way for alley or streets and all utility easements located within the vacated tight- of- way. L 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 Woodbury Subdivision located at N. Harbor Isle and Zion Road p (A7TACff legal description lit ggraphic representation of what is being vacatedSURVE19 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 Company 4senlnlive Title DeeeSer X14 Page 5 Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury S/D Page 8 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: '3/i s UTILITY COMPANY: 4E& S W ' f CO APPLICANT NAME: Blew & Associates PA APPLICANT PHONE: 479-441-4506 REQUESTEDVACATION (applicant must check all that apply): 9 Utility Easement l7 Right-of-way for alley or streets and all utility casements located within the vacated right- of- way. J Alley U 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 _Woodbury Subdivision located at N. Harbor Isle and Zion Road (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTJLJTY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 0 No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) C No objections provided the following conditions are met: s ignal c of Utility Company epresenlative OL4It1 u -la , St Title Deeaniber 20/4 Page 1 Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury S/D Page 9 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY. ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3/31/2015 UTILITY COMPANY: Cox Communications APPLICANTNAME: _LJtvv & Aq,2Ciatcs, P.\. -__ APPLICANT PHONE: 479--_-h13-45Q6 REQUESTED VACATION (applicant must check all 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 IAddresa Wtsndhnny Subdivision located at N. Harbor Isle and Zion Road (ATIACII legal description g4 graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and nu comments. No objections to the vacation(s) described above, provided following described easements arc retained (State the location, dimensions, and purpose below.) X No objections provided the following conditions Eire met Developer/Owner will need to pay relocation costs of our plant within the proposed vacation. Will need new rasgmen�+lairTlIirim_Zion rood tir.ine, into our litxt pedestal location within subdivision. Relocation cost must be paid and cable moved before this easement can be vacated Siyrnum of Utility Company RcuvRiTtiti ac C wy5 fuC ZO n' /'4r4i'1i4G. EC Title December 2014 Page 5 Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury SID Page 10 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5/13/2015 UTILITY COMPANY: SourceGas APPLICANT NAME: Blew & Assaeiates PA —_ APPLICANT PHONE: _479-443.4506 REQUESTED VACATION (applicant must check all that apply): N Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. C Alley 0 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 Woodbury Subdivision located at N. Harbor Isle and Zion Road to (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 0 No objections to the vacation(s) described above, and no comments. C No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 5S7 No objections provided the following conditions are met: Provided that e:c_sting gas main is relocated to proposed utility easement. S re of lhilit1yCompany Representat v� ive r_T "�I t'11t1t jAJ.% l: IG'nta- Titl December 2014 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Y/it//r UTILITYCOMPANY: C d F- SC ),Cl APPLICANT NAME: _Blew& Associates, PA APPLICANT PRONE: 479 443-4506 REQUESTED VACATION (applicant must check all that apply): N Utility Easement C Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley 5 Street right-of-way I have been notified of the petition to vacate the Following (a/ley, easement, right-of-way), described as follows: General location / Address Woodbury Subdivision located at N. Harbor Isle and Zion Road _ Od (ATTACH legal description yyddgraphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 7n , No objections to the vacations) 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: S( attire of Utility Company Representative Caw . tec•.1 Sr lrc Title December 2010 Page 5 Planning Commission Ma 11, 2015 _ gem a em 15-5037 Woodbury S/D Page 12 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: J /' 20/-5 UTILITY COMPANY: C. , /ns/ h.. fu /,e %2 iii S # •mot s APPLICANT NAME: Eeilc c Asaociatcs,l'A ---------APPLICANT PHONE: A22,113-4514 REQUESTED VACATION (applicant mast check g(j that apply): x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address Woodbury Subdivision located at N. Harbor Isle and Zion Raid -. Gd (ATTACH legal description gg graphic representation of what is being vacated -SURVEY) 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: /7/ re pj.ktiility Company F // / r%Ci na H/✓ Title December 2014 Page 5 Planning Commission May 11,2015 Agenda Item 2 15-5037 Woodbury SID Page 13 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLh1Y, AND /� UTILITY EASEMENT VACATIONS DATE: 8 AP r R 2OI UTILITYCOMPANY: Gin' of cAYE-'-CVlLL APPLICANT NAME: .Ijleas'lctlssocilesL'A_ APPLICANT PIIONE: 979-O3_45Q( REQUESTED VACATION (applicant must check all that apply): x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley 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 _ Woodhur Subdivision located at N. Harbor 'sic and Zion Road W (ATTACH legal description dgraphic 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 casements are retained. (State the location, dimensions, and purpose below.) X �d{a ,.r� ntns provided \uAFPRthe toy EttarQconditions et: )N SUM Elf r VR(A7eo, `f ESC 1`1US7 gf Ik1LL�v CU-i Sign Iut:'n(Utility Company i Representative /L r7 ,taf— Title 1k,5r_ AseMe'wi j Z t?' Y)).an o Orceniher 1014 Page J Planning Commission May 11, 2015 Agenda Item 2 15-5037 Woodbury 5/0 Page 14 of 17 fc r:AsLMi cNr \ .u:A cx i, ri.n c ` t' 17: 1`fc ! `}l. • VAC15-5037 WOODBURY SID Close Up View ALLEY 4399 PRONTIER ELM DR z --! lfi ii a 1� IILLEY''999V -. z c RPtD RIVER BIRCH DR BON RD 0.1 3 z N W P.1 RSF 4 vi Legend a� Sha. re'd-lJse Pavedtrail --•-• •-• NeiUhborhood/Park Trail Natural SurtaceTraif VAC15-5037 ;;Fayetteville City Lt flits Footprints 2010 Hillside -Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 ------ Planning Area 500 750 1.000 R-0 I Planning Commission May U. 2015 Agenda Item 2 15-5037 Woodbury SID Page 16 of 17 Agenda Item 2 15-5037 Woodbury S/D Page 17 of 17 vsv� I • i `I,1 I E I,) ` rah / / , 1 , P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 • WWW,NWADG.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance 5776 Was inserted in the Northwest Arkansas Democrat Gazette on: June 11,2015 Publication Charges: $97.28 Cathy Wiles Subscribed and sworn to before me This /7 day of Uu12 , 2015. Notary Public My Commission Expires: l OC �X,f' 1ukunirrr **NOTE** Please do not pay from Affidavit. Invtt'ice wpp ill bk 41C A X2401 s %y2 RECEIVED JUN 22 2015 CITY CITY OF OFFICE ORDIiulCE NO. 5176 AN OfRDINANCE,TO APPROVE VAC 15-5087 a SUBSIrr1ED BY BLEW BASSOCNTES.FOR �n _ FrR0PERTY LOCATED AT HFIRBQR ISLE ANDZION ROADTO VACATE PORTIONS OF nsxnnsas E?IIS11NQ UTILITY EASEMENTS. WHEREAS the City Council has the authority upder A.C.A.' § 14-54-104 to acafspublic grounds or {iortons thereof which are not required for corporate`, purposes; WHEREAS, the City CounciLhasdetermmed that therfbllowing describep por.'; * �. ion{of the Utility easement is nohzeeguured for joi pora a purposes NOW`THEREFORE BE IT QRDMP EO BY TME,CITY COUNCIL OF THE_ fClili'10P FAYETTEVILLE/ r,N--_SAs._. _,- w `^ Section ki.'eThat:.tFie"CkY Coupon ofrthe City ₹of: Fayetteville, Arkansas hereby vac$es anji.abandons the following btilityeasements described in Exhibit "B" a19.Tetc pnd made a pail thereof. Segtion 2cT, lent a copy of this Ordinance duly ceitifed by the City Clerk along wfi lfjgtap att4ched and labeIedsE>�a`iibn . shall be filed in -the office of the Recorder of the County and recorded in the -Deed Reports of the County. Sectlon 3 That this;vacation approval is subject to the following conditions 6faapprovuu 1 Any damage or relodat(on of existing facilities and associated new ease- men%.dadipiation s,Fja1l be at the owner/developer's expense 2asting utilities located within the easement shall be abandoned and relo- ca.4 d ae tequjredby the utility providers atihe owner/developer's expense. •c P/ SSEbrarid APIROVEO this 2nd day of June .2015. PROVED TEST: AT By: . By „. .: LI0I LD�JORD1�5Wayor SONDNA LIMITH City;Cledc reasure7�� Exhibits for this ordinance may be>,iewed.in the office of the City Clerk Treasurer