HomeMy WebLinkAboutOrdinance 5771Doe ID: 016309560003 Type: REL
Kind: ORDINANCE
Recorded: 06/24/2015 at 10:39:49 AM
Fee Amt: $25.00 pane 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2015-00017349
ORDINANCE NO. 5771
AN ORDINANCE APPROVING VAC 15-5020 SUBMITTED BY JEREMY
KENNEDY FOR PROPERTY LOCATED AT 2288 N. HIDDEN CREEK
DRIVE TO VACATE A PORTION OF AN EXISTING 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
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 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 condition of approval:
1. Any damage or relocation of existing facilities shall be at the owner/developer's
expense.
PASSED and APPROVED this 19' day of May, 2015
ATTEST
7fiiiS �.
F p
Y OF Lp
246
By SONDRA E. SMITH, City Clerk TreastiFer : FAYE TEVIELE.,
.���„ ; ;
VAC 15-5020
Close Up View
b..j.Fayetteville City Limits
_ Footprints 2010
- Hillside -Hilltop Ov rlay District
'_ _! Design Overlay Di trict
2
EXHIBIT 'A'
15-5020
ff�'Ll _I_'Ll _I_4 �]'1
SUBJECT PROPERTY
Design Overlay Ditrict
0 37.5 75 150 225 300
------ Planning Area rcet
P-1
RSF-1
EXHIBIT 'B'
15-5020
PROPOSED UTILITY VACATION EASEMENT DESCRIPTION
A UTILITY EASEMENT VACATION LOCATED IN LOT 83 OF CLABBER CREEK
SUBDIVISION, PHASE 1, TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT: BEGINNING AT A POINT WHICH IS S86°58'38"W 13.14' FROM AN
EXISTING REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 83 AND
RUNNING ALONG THE NORTH LINE THEREOF SOI 043'56"E 68.01', THENCE
S85054'52"W 6.87, THENCE NOI'43'56"W 68.14' TO SAID NORTH LINE, THENCE
ALONG SAID NORTH LINE N86058'38"E 6.87 TO THE POINT OF TERMINATION OF
SAID EASEMENT, CONTAINING 0.01 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
06/24/2015 10:39:49 AM
and recorded in Real Estate
File Number 2015-0 49
Kyle Sylvester- Cir It er9c
by
City of Fayetteville, Arkansas
Text File
File Number: 2015-0230
Agenda Date: 5/19/2015 Version: 1
In Control: City Council Meeting
Agenda Number: C. 2
VAC 15-5020 (2288 N. HIDDEN CREEK DR./KENNEDY)
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Agenda Ready
File Type: Ordinance
AN ORDINANCE APPROVING VAC 15-5020 SUBMITTED BY JEREMY KENNEDY FOR
PROPERTY LOCATED AT 2288N. HIDDEN CREEK DRIVE TO VACATE A PORTION OF AN
EXISTING 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 utility
easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the
following 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 condition of approval:
1. Any damage or relocation of existing facilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 5/14,2015
VAC 15-5020
Close Up View
t�........ MRRi
—� re Tali ~
I- =I,. VAC 1 20
- Footprints 2010
_ Hillside -Hilltop C
Design Overlay
- Design Overlay
------ Planning Area
RSF4
District
EXHIBIT W
15.5020
KENNEDY
SUBJECT PROPERTY
0 37.5 75 150 225 300
Feet
P-1
RSP -1
EXHIBIT "B"
Falling Waters Description:
PART OF THE NE1/4 OF SECTION 25, TI6N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE
CORNER OF SAID SECTION 25 THENCE S02°32'04"W 376.66 FEET TO THE P.O.B.,
THENCE S02°32'04"W 887.07 FEET, THENCE S82°53'56"W 73.29 FEET, THENCE
S34°57'52"W 408.01 FEET, THENCE $66°32'39"W 852.92 FEET, THENCE S80°27'32"W
227.29 FEET, THENCE N09°32'28"W 220.43 FEET, THENCE ALONG A CURVE TO THE
RIGHT 186.57, SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CHORD
BEARING AND DISTANCE OF N61°06'14"E 95.68 FEET, THENCE ALONG A CURVE TO
THE LEFT 30.56 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET AND A
CHORD BEARING AND DISTANCE OF S55°46'10"E 27.67 FEET, THENCE N09°32'28"W
168.48 FEET, THENCE N84°29'51 "E 144.25 FEET, THENCE N55°24'09"E 80.97 FEET,
THENCE N66°21'24"E 126.78 FEET, THENCE N54°28'54"E 137.53 FEET, THENCE
N60°05'48"E 212.39 FEET, THENCE N73°33'56"E 182.84 FEET, THENCE N05°41'33"W
74.85 FEET, THENCE N61°25'10"W 142.97 FEET, THENCE N55°12'36"E 216.23 FEET,
THENCE N63°03'36"E 152.34 FEET, THENCE N35°09'00"E 97.51 FEET, THENCE
N07°24'OO"W 118.60 FEET, THENCE N43°01'59"E 426.59 FEET TO THE P.O.B.;
CONTAINING 17.37 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RIGHT
OF WAY OF RECORD.
City of Fayetteville Staff Review Form
2015-0230
Legistar File ID
5/19/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 5/1/2015 City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
.0: Vacation (2288 N. HIDDEN CREEK DR./KENNEDY, 322: Submitted by JEREMY KENNEDY for property
located at 2288 N. HIDDEN CREEK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
and contains approximately 0.24 acres. The request is to vacate a portion of an existing 20' utility easement.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
Approval Date: 5i -1 "/
CITY OF
ay¶�ttvIlle CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF MAY 19, 2015
TO: Fayetteville City Council
THRU: Andrew Garner, Director of Planning
FROM: Jesse Fulcher. Senior Planner
DATE: May1,2015
SUBJECT: VAC 15.5020: Vacation (2288 N. HIDDEN CREEK DR./KENNEDY, 322:
Submitted by JEREMY KENNEDY for property located at 2288 N. HIDDEN
CREEK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acres. The
request is to vacate a portion of an existing 20' utility easement.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to vacate a portion of
an existing utility easement.
BACKGROUND:
The subject property is located at 2288 N. Hidden Creek Drive in the Clabber Creek Subdivision,
Phase 1. The property contains approximately 0.24 acres and is developed with a single-family
home.
The applicant is requesting approval to vacate a portion of a 20 -foot utility easement that was
platted with the subdivision. The applicant intends to construct a cover over an existing concrete
patio that is partially located within the easement.
DISCUSSION:
On April 27, 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 www.fayetteville-argov
Fayetteville, AR 72701
CITY OF
T'F�?ettviie PLANNING COMMISSION MEMO
ARKANSAS
TO:
Fayetteville Planning Commission
THRU:
Andrew Garner, City Planning Director
FROM:
Jesse Fulcher. Senior Planner
MEETING DATE: April 2015- Updated April 28, 2015
';ECT: VAC 15-5020: Vacation (2288 N. HIDDEN CREEK DRJKENNEDY, 322:
Submitted by JEREMY KENNEDY for property located at 2288 N. HIDDEN
CREEK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acres. The
request is to vacate a portion of an existing 20' utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 15-5020 to the City Council with a recommendation for
approval.
BACKGROUND:
Property and background: The subject property Is located at 2288 N. Hidden Creek Drive in the
Clabber Creek Subdivision, Phase 1. The property contains approximately 0.24 acres and is
developed with a single-family home. The surrounding zoning and land use is listed in Table 1.
Table I
and
South
East
West
-1
Proposal: The applicant is requesting approval to vacate a portion of a 20 -foot utility easement
that was platted with the subdivision. The applicant intends to construct a cover over an existing
concrete patio that is partially located within the easement.
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 RESPONSE
Cox Communications No objections
AEPISWEPCO No objections
a
Mailing Address: A27g
commission201
113 W. Mountain Street www.fayett#A�'Fag q33
Fayetteville, AR 12701 15-5020 Kennedy
Page 1 of 15
Source Gas
No objections
AT&T
No objections
Ozarks Electric
No objections
CITY OF FAYETTEVILLE
RESPONSE
Water/Sewer
No objections
Trash & Recycling
No objections
Transportation
No objections
Public Comment:
No public comment has been received.
Recommendation:
Staff recommends forwarding VAC 16-6020 to the City Council with a recommendation for
approval and the following condition:
1. Any damage to or relocation of existing utility facilities shall be at the ownerldeveloper's
expense.
PLANNING COMMISSION ACTION
M Forwarded ❑ Denied O Tabled
Date: April 27, 2015
Motion :Chesser
Second: Selby
Vote: 7-0-0
Notes:
BUDGET/STAFF IMPACT:
None
Attachments:
• Applicant's letter
• Petition to vacate
• Utility approval forms
• Easement Vacation Exhibit
• One Mile Map
• Close Up Map
Planning Commission
April 27, 2015
G:\ETC\Development Services Review\2015\Development Review\15-5020 VAC 2288 Hidden Creek(Kennedy)\03 Planning Agenda Item 3
Commission\04-27-2015\Comments and Redlines 15-5020 Kennedy
Page 2 of 15
March 5, 2015
City of Fayetteville
City Council
113 West Mountain Street
Fayetteville, AR 72701
Re. Easement Vacation at 2288 N. Hidden Creek Drive, Fayetteville, AR 72704
Dear Alderman:
I am writing to request your approval for a partial vacation of an existing utility easement
located at the eastern portion of the above mentioned property. The vacation would
allow me to cover an existing concrete patio and utilize a larger portion of my backyard.
Please take some time to review the supporting documentation that I have included with
this request.
Please contact me a (479) 841-4088 if you have any questions about this request Thank
you
Sincerely,
]snare ennedy
enclosures
PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOT 83 of
CLABBER CREEK SUBDIVISION, PIIASE I, CITY OF FAYETTEVILLE,
ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of real estate abutting the casement hereinafter
sought to be abandoned and vacated, lying in Lot 83 of Clabber Creek Subdivision, City
of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which
is described as follows:
A UTILITY EASEMENT VACATION LOCATED IN LOT 83 OF CLABBER CREEK
SUBDIVISION, PHASE 1, TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86°58'38"W 13.14'
FROM AN EXISTING REBAR MARKING THE NORTHEAST CORNER OF SAID
LOT 83 AND RUNNING ALONG THE NORTH LINE THEREOF S0] °43'56"E 68.01',
THENCE S85°54'52"W 6.87', THENCE N0l°43'56"W 68,14' TO SAID NORTH LINE,
THENCE ALONG SAID NORTH LINE N86°58'38"E 6.87' TO THE POINT OF
TERMINATION OF SAID EASEMENT, CONTAINING 0.01 ACRES, MORE OR
LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
That the abutting real estate affected by said abandonment of the easement are Lot 83 of
Clabber Creek Subdivision, Phase 1, City of Fayetteville, Arkansas used by the public for
a period of years, and that the public interest and welfare would not be adversely affected
by the abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described portion of the utility easement.
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 from the utility
casement.
Dated this o day of VVkk,0'`- . 2015.
Sara Kennedy
Printed Name
Signatu e
Jeremy Kennedy
Printed Name
Signer
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: Molfc+\ S. aO (S
UTILEFY COMPANY: 14Ta- 1)[�ryh5
APPLICANT NAME: 1tffruY Se,.ta 't�J —t (,( PPUCAKI PHONE: ( 1 g/ a `1-4o�V
REQUESTED VACATION (applicant must check gl( that apply):
Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
0 Alley
0 Street right-of-way
[ have been notified of the petition to vacate the following (alley,, easement,rrigkr-af-way), described as follows:
General location / Address o -S% N. kAd'lehl &sY) _t t' die! _..
(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.
❑ No objections to the vacation(s) described above, provided following described casements are retained.
(State the location, dimensions, and purpose below.)
LX No objections rovided die following conditions are user:
t£t's%f Uti Iffy Company Representative �z _
GR OSP Plnq & Design Engineering
Title
August 7014
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE; 11 cyck s,
UTILITY COMPANY: Ca# Ca on /� t1
APPLICANT NAME: Sow*. A PLICANT PHONE: ) 5-t f-yot/g
REQUESTED VACATION (applicant mall checkgf j that apply):
L. Utility Easement
0 Right-of-way for alley or streets and all utility casements located within the vacated right- of- way.
0 Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, rlght-of-w'), described as follows:
Generallocalion/Address W. G, Ona_____.
'�i (ATTACH legal description gQQ graphic representation of what Is being vacafcd.SURVRI9
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.)
X No objections provided the following conditions are met:
Any damage to or relcoation of existing facilities will be at the owners/developers expense.
(1WS7Yet(k Tl oN /yJ4N4i L%2
Title
44w17014
Pages
UTILITY APPROVAL, FORM
FOR RIGHT• OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 1" Wefil"Dl Jr
UTiLITYCOMPANY: SOLtrep _
APPLICANTNAME: ./ SA+< ICANT PHOI
REQUESTED VACATION (applicant must check (j That apply):
Utility Easement
❑ Rig)it-of-way for alley or stroats and all er{slit}ents located lhbwilhnd right- of- way.
❑ Alley
O Street tight -of -way
I have been notified of the petition to vacate the (following (alley,,` ``eas'emIent, right_-oof--way), described as follows:
General location / Address .,, a 'O %7 \ JJ .. (ftGC.l_ o/
�o�e 2 7).70K
J* (ATTACH legal detcriptfon gpd graphic representation of what Is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments,
U 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:
-
Title t '
.Ovo ,rr 2014
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: t` \s'li'm G. loot
UTlLTY COMPANY: V b 46 i'ra i& �f 1
APPLICANTNAMEY WAPPLICANTPHONE: -I 11jo SV
REQUESTED VACATION (applicant mass check aQ thae apply):
�I Utility Easement
't Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
U Street right-of-way
I have boon notified of the petition to vacate the following �(alllay, easement, right-of-way), described as follows:
General locatlon/Address /��-y8__r__4,&IL)\ _."^ O° rA—
(A TTA Cy legal description gpdgraphkrepresentationofwhat is being vacated-SURVRI9
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 propose below.)
'] No objections provided the following conditions am met:
Signature of Utility Compsn Represcntetive
SySier- STS+ t3 %ec,K_
Title
Augwf 2014
Page $
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 3 1 131St
UTILITY COMPANY: AI I -9 ,`` S\k) Q �LO rt��
APPLICANT NAME: lifj wt ovrk Sara KtMN[Ovt_APPLICANT PHONE:(�)!41±U≥ 6
REQUESTED VACATION (applicant most check gjj that apply):
(C 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 die
1following (alley , easement. right- of -way), described as follows;
General location l Address 6�V P. Y AL4- Getx_ \J11Qt'.
M- tio`t
(ATTACH legal description gnd graphic representation of what Is being vacated -SURVEY)
UT L1TY COMPANY COMMENTS:
No objections to the vacation(s) described above, end no comments,
No objections to the vacation(s) described above, provided following described easements are retained.
(State (he locution, dimensions, and purpose below.)
No objections provided the following conditions are met;
Signs re of UtilityrrCompany presentative
r%isi' EllIwctr
Tale
Avevnaa14
Page 5
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: V p eck S �Lc IL 11
UTILITY COMPAN Y: � if .ye4lL 1 t CS' J C✓ I'
APPLICANT NAME: 1iRMs-y _ S+ APPLICANT PFIONE:L471)Bf�' _OBo
REQUESTED VACATION (applicant nutst check all that apply):
C' Utility Easement
Rightof-wuy for alley or streets and all utility easements located within the vacated right- of- way,
Alley
Strut 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
(ATrACHlegal descrjptlen gad graphic tepresentalon of what Lt being vacared-SURVE19
UTILITY 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.)
❑ No objections provided the following conditions are met:
4-flUf l c D1RVC-f+R
Title
Augus2014
Pte S
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: '3 I k3 i CSC g 1
UTILr[Y COMPANY: lt�i' tri `. e,4t``cP�\\cv,'' 1! \(J�'1 N
APPLICANT NAMES .5et',nH c..g. ¶�qrq �(•�.tM1.lKl"�' 1'I APPLICANT ElIONI4 19 1 LI 13
REQUESTED VACATION (applicant must check jig that apply):
Utility Easement
Rlghtof-way for alley or strata and all utility easements located within the vacated right- of- WAY.
Alley
Street righto&way
I have been notified of the petition to vacate the tblloo}wing (allay, /easement, right-of-way), described as follows:
Generalloation�n
I Addrew r�-fig ' 1 U(kQ--- -
caa, \L AA (-u
(ATTACH legal deswlpion Wigraphic repnwentatlon of what is being vacoted$URVE19
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described ubove, and no comments.
No objections to the nation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below,)
ii No objections provided the tbliowing conditions are met:
Ii
/Signelnm of Uit(lty Compwty i(epresenmrtvc
Aa$on7014
Pogo!
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY:-{ \�") ''S�1S•� Wa4 (-u�q tt
APPLICANTNAME: JF�?�""1 r0. r7 APPLICANT YHUNIi` },1 1 )jt.1
REQUESTED VACATION (applicant must check gj(II, at apply):
UtilltyEasement
❑ Right-of-way for allay 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 vacatethe following (allay, /elasemenl, right-of-way), described as follows:
General locution/Address 2Q.9 e1
• \¼J.104.C'Y civet
�I, (ATTACH legal desrripgon gnfgrophle repraenrarbn of what lr being vacaledSURVEF)
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.)
Cl No objections provided the following conditions are met:
(.Or.ipscecatl 5,tlr,
Title
Aug,el2e14
taps
EASEMENT VACATION
TOTAL ACREAGE LII "'•�: •^".'
PARCEL #785-23053-000 r-
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ORDINANCE NO.
AN ORDINANCE APPROVING VAC 15-5020 SUBMITTED
BY JEREMY KENNEDY FOR PROPERTY LOCATED AT 2288
N. HIDDEN CREEK DRIVE TO VACATE A PORTION OF AN
EXISTING 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
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 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 condition of approval:
1. Any damage or relocation of existing facilities shall be at the owner/developer's
expense.
PASSED and APPROVED this
APPROVED:
By:
LIONELD JORDAN, Mayor
day of , 2015.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
RECEIVED
NORTHWEST ARKANSAS JUN 03
CITY of FAYErf�,%{LIItg
CITY-CLERK$i��
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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 5771
Was inserted in the Northwest Arkansas D,
Gazette on:
May 28, 2015
Publication Charges: 90.79
W4
Cathy Wiles
Subscribed and sworn to before me
This 13 day of j , 2015.
Notary Public
My Commission Expires: tQ`2Q-L2tj.
**NOTE**
Please do not pay from Affidavit. Invoice will be sent