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HomeMy WebLinkAboutOrdinance 5763D00 I0: 016224470003 Type: REL Kind: ORDINANCE Feeflrded: 05/0at 01:59:17 PM Fee Amt: $25.008"p',01'.5 i of 3 Washington Cot,nty, AR Kyle Sylvester Circuit Clerk Flle2015-40012370 ORDINANCE NO. 5763 AN ORDINANCE APPROVING VAC 15-4986 SUBMITTED BY RIVERWOOD HOMES, LLC FOR PROPERTIES LOCATED AT 2991 LABORDITE TO VACATE PORTIONS 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 and associated new easement dedication shall be at the owner/developer's expense. PASSED and APPROVED this 21s1 day of April, 2015. ATTEST: 10 ~L �,1 •- By: SONDRA E. SMITH, City Clerk Treasei',1 AYE-1-1E`� ILI.: c CD / • - • ' C ��O z°° ''�f 1 f 101 1 lh+�°a 15-4986 EXHIBIT 'A' 15-4986 EXHIBIT 'B' EASEMENT VACATION DESCRIPTION A PART OF LOTS 138, 147, 148 AND 149, PER FINAL PLAT OF CRYSTAL SPRINGS PHASE III, FILED OF RECORD IN THE OFFICE OF THE CIRCUIT CLERK AND EX - OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AT 0023-00000206. VACATING THE SOUTHERN EIGHT (8) FEET OF THE THIRTY-FIVE (35) FEET BUILDING SET BACK AND UTLILITY EASEMENT PER SAID FINAL PLAT; MORE PARTICULARY DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 138 AND CONTINUING S02033'54"W 35.00 FEET ALONG THE WEST BOUNDARY OF SAID LOT 138 AND CONTINUING THENCE S87024'46"E 25.00 FEET TO A POINT ON THE EAST BOUNDARY OF THE DRAINAGE EASEMENT AND BUILDING SET BACK INTERSECTING THE SOUTHERLY LIMITS OF THE EXISTING UTILITY EASEMENT AND BUILDING SET BACK NEAR THE NORTHWEST CORNER OF SAID LOT 138, SAID POINT BEING THE POINT OF BEGINNING; THENCE NO2033'54"E 8.00 FEET TO THE NORTHERN LIMITS OF THE VACATION OF THE EXISTING UTILITY EASEMENT; THENCE S87024'46"E 426.48 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 149; THENCE S47040'20"W 11.33 FEET TO A POINT ON THE SOUTHERN BOUNDARY OF THE 35 FOOT EXISTING UTILITY EASEMENT AND BUILDING SET BACK PER SAID FINAL PLAT; THENCE ALONG SOUTHERN BOUNDARY OF SAID EXISTING UTILITY EASEMENT AND BUILDING SET BACK N87024'46"W 418.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.067 ACRES, 2904.8 S.F. MORE OR LESS, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. LESS AND EXCEPT PORTIONS OF EASEMENTS AND BUILDING SETBACKS INTERSECTING THIS DESCRIBED AREA AS DEPICT ON ATTACHED PLAT. Washington County, AR i certify this instrument was filed on 05/08/2015 01:59:17 PM and recorded in Real Estate File Number 2015-00012376 Kyle sylve t - Ircuit Cleric by L . City of Fayetteville, Arkansas 113 West Mountain Street 'f Fayetteville, AR 72701 (479) 575-8323 J.: rlr Text File 4 . --- File Number: 2015-0174 Agenda Date: 4/21/2015 Version: 1 Status: Agenda Ready In Control: City Council File Type: Ordinance Agenda Number: D. 1 VAC 15-4986 (2991 LABORDITE DRIVE/CRYSTAL SPRINGS SUBDIVISION) AN ORDINANCE APPROVING VAC 15-4986 SUBMITTED BY RIVERWOOD HOMES, LLC FOR PROPERTIES LOCATED AT 2991 LABORDITE TO VACATE PORTIONS 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 and associated new easement dedication shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 411412015 City of Fayetteville Staff Review Form 2015-0174 Legistar File ID 4/21/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jeremy Pate 3/27/2015 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 15-4986: Vacation (2991 LABORDITE DRIVE/CRYSTAL SPRINGS SUBDIVISION PH. III, 246): Submitted by RIVERWOOD HOMES, LLC for properties located at 2991 LABORDITE DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.07 acres. The request is to vacate a portion of an existing 35' utility easement. 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: Approval Date: Comments: