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:
CITY OF
•
�tv1e
ARKANSAS
MEETING OF APRIL 21, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, Director of Planning
DATE: March 27, 2015
SUBJECT: 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.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to vacate portions of
existing utility easement.
BACKGROUND:
This property is lots 138, 147, 148, and 149 in the Crystal Springs Subdivision which is zoned
RSF-4, Residential Single Family Four Units per Acre. The lots are undeveloped and contain a
35 -foot utility easement along the northern property line.
The applicant requests to vacate portions of the northern 35 -foot utility easement, as shown on
the attached plans, to provide additional room for development on the lots.
DISCUSSION:
On March 23, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 8-0-0 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-ar.gov
Fayetteville, AR 72701
CITY OF
Tay%%UVIe PLANNING COMMISSION MEMO
AS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: March 23, 2015 U dated ated with Planning Commission results
SUBJECT: 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 -foot utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 15-4986 to the City Council with a recommendation for
approval.
BACKGROUND:
Property and background: This property is lots 138, 147, 148, and 149 in the Crystal Springs
Subdivision which is zoned RSF-4, Residential Single Family Four Units per Acre. The lots are
undeveloped and contain a 35 -foot utility easement along the northern property line. The
surrounding zoning and land use is listed in Table 1.
Table I
Proposal: The applicant requests to vacate portions of the northern 35 -foot utility easement, as
shown on the attached plans, to provide additional room for development on the lots.
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
AEP/SWEPCO No objections
Source Gas No objections
AT&T No objections
Planning Mailing Address: March 23, 01S�ssion
113 W. Mountain Street w J y peyille-ar.gov
Fayetteville, AR 72701 15-4986 Crystal Springs SD PH III
Page 1 of 12
Ozarks Electric No objections
CITY OF FAYETTEVILLE RESPONSE
Water/Sewer To be provided
Trash & Recycling No objections
Transportation Not applicable
Public Comment:
No public comment has been received.
Recommendation:
Staff recommends forwarding VAC 15-4986 to the City Council with a recommendation for
approval subject to the following conditions:
Conditions of Approval:
1. Prior to the City Council agenda request being submitted for this item the applicant shall
provide the City Planning Division with the utility permission form from the City Water and
Sewer Department.
2. Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
PLANNING COMMISSION ACTION
X Forwarded - ❑ Denied El Tabled
Date: March 23, 2015
Motion: Cook
Second: Chesser
Vote: 8-0-0
Notes:
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Utility Approvals
• Easement Vacation Exhibit
• One Mile Map
• Close Up Map
Planning Commission
March 23, 2015
G:\ETC\Development Services Review\2015\Development Review\15-4986 VAC 2991 Labordite Dr. Agenda Item 2
(Crystal Springs SD Ph III)\03 Planning Commission\3-23-2015\Comments and Redlines 15-4986 Crystal Springs SD PH III
Page 2 of 12
Riverwood Homes, LLC
Residential Contractor & Developer
1533 W. Enterprise Drive
Fayetteville, Arkansas 72704
Mark Marquess 479-435-2088 Charles Sloan 479-530-4506
markm@rlverwoodhomesnwa.com charlles@rlverwoodhomesnwa.com
PETITION TO VACATE EASEMENT LOCATED IN LOTS 138,148, & 149, CRYSTAL SPRING SUBDIVISION,
PHASE III, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission
The Fayetteville City Council
I, the undersigned, being all owners of the real estate abutting the easement hereinafter sought to be
abandoned and vacated, lying in Lots 138,148 & 149 Crystal Springs Subdivision, Phase III, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate and easement which Is described In
the attached legal description.
That the abutting real estate affected by said abandonment of the easement are Lots #137, 139, 147,
150, & 164 In Crystal Springs Subdivision, Phase III, Lots # 12, 13, 14, 15, 16, 17 in Cobblestone
Subdivision, Phase I, and Lot #54 in Cobblestone Subdivision, Phase II, City of Fayetteville used by the
public for a period of many years, and that 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 real
estate, subject, however, to the existing utility easements as required, and that the above described real
estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and
sewer easements, and that title to said real estate sought to be abandoned be vested, in the abutting
property owners as provided by law, and as to the particular land the owners be free from the
easements of the public for the use of said easement.
Dated this 26th day of January, 2015.
Mark Marq — Rd Homes, LLC
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 3 of 12
UTILITY APt'Ru%'AL FORM
YUK KI(;Il'l'- l)K- %AY, ALLEY, AND
IU'Il,l'TV l?. 'I %l is i' VAVATI(1NN
i)ATE! 10/23/14
Lrl-11,11 Y COMPA`Y': Cox Communications - Chad Hodge
AIII't.ICANT '4i Ml: Riverod Homes. LLC Al•PI,I(`AN't' 1'I IONI;: 479-282-0406
REQUL'S'I L,L) V'A('AT(ON (applicant mast check a that (lpply:
l I Utility Easement
I] Kight-iii-way for alley or stretas and all utility casements located within tilt vttoRted right- oY- way.
❑ Alley
❑ Street tight-or.way
I have been notified ot'the petition to vacate the following ialley, easemd111. rl ht-oI-tPal ). described as follows:
Gtnertll Iocetlon / Address
Utility Easement on Lots 13814714B and 149 in Crystal Springs Phase ill Fay.,
IN (A TTr4C'I/ legul (lcscrlptlo►►. err 1 grnphlc representaRan aJ' wktat Is brbrK vewnfed-SUR ✓s)')
UTILITY COMPANY COMMENTS:
13 No objections to the vacatiunts) described above. and no cwnments.
❑ No objections to the vitcation(s) described above, provided Collu%ving described t:asentents are retained.
(Slaw tilt location, dinrenaiot>s. slid purpose belo.)
p j No nhjectionsrrovided the follntvin1 rvinditiona arc mot:
Any darnae to or rdocation of &st!nglacilttiec will be at the ciwner/deve1operS expense.
iic, ! thrr 261.5
t'.ago S
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 4 of 12
1,J7'ILITY APPROVAL FORM
FOR RIGIIT- OF- WAS. ALLEY, AND
(II'II,ITYFAtiiIItNI''Ai ATrONS
DATE: 3/17/15
LITILI'I Y COMPANY: _ John Lee - SWEPCO
API't.IG.AI'.'l' NAhtli: �Riverwood Homes, LLC AI'I'I.ICAN r I'IlONI.: 479-282-0406 y
REQI_'CSTED VACATION (appl caul must check ;ill /hoe apply):
Utility- Easement
❑ Right.of-way for alley or street% and all utility casement% located within the vacated right- of- way.
❑ Alley
❑ Street righl.uf•way
I have been notified of the petition to vacate the following talley, aasarr,en►, +ight-ol-iraj). described as follows:
General location/ Address Utility Easement on Lot #138,1.48,',49 In Crystal Springs Phase III
(fi (4TT.4(Ii legal rlescrlptlau and graphic representallos uf'whaf is beltrg vacated-SURV'( Y)
UTILITY COMPANY COMMENTS:
l j No objections to the vacalion(sj described above. and no comments.
❑ No objections to the vacatiun(s) described above, provided following described easerneots are retained.
(Stale the location. dimensions. and purpose below,)
❑ No ohjections provided the following conditions are met:
Sign tare of ' slily Company Representative
i Ki 0 oN GYuE
Title
LJ cr",,o'- ant+
F.._.z s
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page5of12
UTILITY AYYROVAL FORM
I OR 1tIG11T- OF- WAY, ALLEY, AND
UTILITY l'A!EY1I. N'I' VAt'AT1t1N�
DATE- 10/23114
LITlLr i Y COMPANY: Source Gas
drlI ItiisT Ml: River ad omen. LLQ Arr1,ICANT I'II0N,:.. 479-282-0406
RDQUL'S'I'GU VACATION (applicr t rnnsl check all That apply!:
I 1 Utility Easement
O Right-of-way fbr alley or streets and all utility casements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
l have been notified of rhe ptthlan to vacarr the t'ollowing I alley, easetnear, righr-of=tvayj. described as follows:
General location I Address
Utility Easement Lots 138, 147, 148, and 149 in Crystal Springs Phase III, Fay..
(A IrlA('11 legal description jgraphic' representation of wlrwr is being vacated-SIBYL}7
UTILITY COMPANY COMMENTS:
® No objections to the vecalionls) described above, and no comments.
❑ No ubjeeUuns to die vacaliunls) described above, provided relluving described e[uemertls are retained.
(Stale the location. dintensiuns. and purpusa below)
❑ No objections provided the fallowing conditions are met:
1AQLJ
Sisrtaturc ori:lillity Cazrnpairy Rcpcca liollyC
l� r"swt - li�s7'a-
'rille
D c ,ne.2nr3
Fogu 5
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 6 of 12
LITILL L Y APPROVAL FORM
h'OI( KIG11 I -OM'- %) AN, ALLU:Y,;%NI)
I I'1'11.1'ry 1ASI %t IN IV A(A'rIONS
r)ATF. 10/23/14
LIT1Ll'1Y COMPANY AT&T - Jeff Hamilton
AI'I'LICANT 'AMI'. _.__ Riv@[yyp9SjjQLT►BS. LL.c _ __ Ar'I'I.II:AN I' I'IIONl,. 479-282-0406
RLQL'CS'I IL) VACATION (applicant must check all that appdyL
ICI Utility Easement
Itluht-nf-way for alley or streets and all utility cascnrcnN located within the vacated right- ot- way.
❑ Allcy
❑ Street right-ur-wa;
I have been notified of the petition to vacate the following iaN'v, c'aseman. rig/u-of-rra)•). described as tollows
General Iocattan / Address
Utility Easement on Lots 138 147, 148, and 149 in Crystal Springs Phase III Fay1
pa(.A7'T'1('IIlegalrlescrlpllonnudgraphlrrepresenra?unu/'wl►rrrisbelrrxvrrcrrter/-SL'R1''L'k')
UTILITY COMPANY COMIh1E\TS:
❑ No ob.jectiurts to the vncationts') described above. and no commen(s.
❑ No objections to die vaeationls) d�scl ibed above. provided following described casenlents are retained.
(Slate the lucalion, dinw-nsimu, ulnl purpusc belo".)
[ Rio ohjection; rovided the Iollo��inu conditions are mot;
If any AT&T facilities are damaged or require relocation will be the responsibility
of the developer/property owner.
Sitibt a l.11lily Company Rcpresantutive
MGR OSP Ping & Engrg Design
Title
liecrvhe, ]111,1
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 7 of 12
UTILITY APPROVAL FORM
FOR RIGHT-UI+- WAY, ALLEY. AND
ii'rii.I'ry i ,&si.V1F.N'r 'A('ATIONS
(?ATE: 1 10/23/14
LITILI'I Y COMPA\Y: Ozark Electric - Greg McGee
AI'l't.I(:,ANT '-MM(: RiVAI'&o .HameLLLii___ AI`I'I,I(ANI. I'll(INI.. 479-282-0406
RL•:QLIl S'fLD VACATION (rrpplicarni mist check «I that apply
ixJ Utility Easement
❑ Right-of-way tier alley t►r streets and all utility cascincnth located within the vacated nght- ot- way.
❑ Alley
❑ Street right-o1-wa'
I have been notified of the petition to vacate the following I alley, !laselnelit, riRbt-o/-it'ay). described as follows:
General location I Address
Utility Easement on Lots 138, 147, 148, and 149 in Crystal Springs Phase III, Fay.,
ad �4TT,t ('II legal rlrscrlptlmt nnrl grr►phlr representation uJ'wlutl Is being i ucnte I-S(!Ry'LY)
UTILITY COMPANY COMMENTS:
No objections to the vacationts) described above. and nu comments.
❑ No objecLiuns to the vacatiuu(s) described above. provided Hollowing described eusemen(s are retained.
(Slate the location. dintee3iotu. and purpose beluw.)
❑ No objections provided the following conditions arc met:
igno re orL(II , Coalipaily Rcpic7cfitative
Lead Staking Tech
T ltle
Dcct"iih.r2(1)3
F.rv5
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 8 of 12
UTILITY APPROVAL FORM
FOR RIGItT- OF- 11 11, ALLEY, .ANt1
I I'I'II.ITIV I- AtiRNN:N'I' Y'A('A'r1(1Nti
10/23/14 Re..c tL O3.S, , 2015
DATF:
LIT III? COMPA\Y- Water & Sewer
AI•I`I.IC.AN•r' AMI:: Riverwood Homes, LLC A1`I4.It'AN I I'IIONI.. 479-282-0406
RLQULS'I-LL) VACATION (applcruri must chock rjj that apply),
Lid Utility Easement
f❑ Kight-ol-way fur alley or streets and all utility casements located within tic vacated right- at- way.
❑ Alley
❑ Street tigk-of.way
I have been notified of the petition to vacate the following I allep, easement, r fight of u'[1) }, described as tbI1ows;
Genernl location I Address
Utility Easement on Lot 138, 147, 148, and 149 in Crystal Springs Phase III, Fay,
® 'ATTA('11legal description awl„raphfr representaiun of'wftet is being vacated-S(/RVE )
UTILITY COMPANY COMME\TS:
No objections to the 'acation(s) described above. and nu conuneuts.
❑ Nu objections to the vucution(s) described above. provided rollu'sing described casements Lire retained.
(Slate the location, dimensions, and purpose below,)
❑ No ohjcction3 provided the following conditions arc met:
Signotut uft:tililyCompany IRcprcvonlativc
Title
ltc v,mjhrr 2013
p,,s
UTILITY APPROVAL FORM
1%OK KI(;II L'- U'- 11.11•, ALLEY, A,Nlt
11111.1'rY I%Al lI.I' YA(A1IONK
DATF: 10/23/14
I I'FILI'I CONIPA\Y• Maury Nelson - Solid Waste
AI l't.u'.ANT N.ANII:'---R1VerWQQ LHcmfls. LL0___ ,Al'I'L (•..N I l'IIONL. 479-282.0406
RL QCUI S'l LLB VACATION (applienot must check all that crppljv:
lsl Utility Pasentent
❑ Right-of-way fitr alley or streets and all utility easements located wrlhut lltc vacated right. ol- way.
❑ Alley
ClJ Street tllthl-ol-way
I have been notified at the petition to vacate the tollnwink iallt'y, errseoo nt. right-gJ-teal I. described as follows;
General location / Address
Utility Easement on Lot 138, 147, 148, and 149 in Crystal Springs Phase III, Fay,
l (,4 TT,4C'll legal de'rcrfptlon arul grap(Nc representallon of wh«l Is being vacated-J('R f'CI)
UTII.ITI' COMPANY COMM E\TS
,rJ No ubjec(iuns to Lhe yacation(s) described abuse. and nu cuntnteut's.
(❑ No ufijecliuns to hue yaeaiiuu(s) described abuse. provided I-ollussing described eusentcu(s ere retained
(Slate the Iucation, diotdusionb. and purpose below,)
❑ No ohjeetions provided the hoIlawinp conditions are met:
zI SL(P pen
T iiie
:nt;
p.,",5
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 9 of 12
I i Jvb.Ee2QN
i
4
i.
n'
.onaaI „
m I'\
°rn
{ W w
II
O3j
b�
.
)� ' ' t
q.s
f
I
t
Cu
Illl]
I
,
i
.sa•06
J
111 ilr; .00.08
W
!
O j^
W
OD
W VS
� ire yy,,
�L
I /\'$ ECo2O ti
M "'
11
II
Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 10 of 12
15-4986 Crystal Springs SD PH
Page 11 of 12
VAC15-4986 I CRYSTAL SPRINGS PHASE 3
One Mile View
J
I___
�P Qz
LI'r w_
FOREST VIEW RD c900 �FF�
Y j SALEM [1 y ca
WEIR R❑=- SUBJECT PROPERTY , 1 I
Al5R I i
MARSH I- y cPzo 1
J(LJ
TANYA IO'DR' i' � - l PQ
r_ ASF.s .VATE'3655aazq .I \sPza — J..Ci7�1V�DRFJ 1 TOWER IRRPzD r•••.�.•`� f. RV 1 {
/DR /
.4\
S4IG'btR rL RSF. ! IiPMESOJ i J' -
hl. RaFi ` �.� P.Ir • •r cpzo
•
r RNHA-- DT DR I wOI.F h RSF{v. 8Rr1 MCLARENDR 11•.... �
MIGiVTI ! nsF. P;
4 RSFII
�' R ill(Ex ng a
_ QUAIL DR
Rla ,II IRaDRAKESTONE S7� RSF. Ex•' kq't�IYJ,�-.
�• . �Il . RSF•, t: DOVE DR;' L ' III r 4i I,
�RdA Yl. iI4. t
-- �' R:+F t •x' � 4 MEAD aSF.� I�... _ TraII�.,�E_xlstlrig)
■■'
a.
...v4: . _________
Overview Legend _ Hills e -Hilltop Overlay District
" E1'
f Subject Property L.._J Design Overlay District
Boundary _ _ _; Plan ing Area
•,•4
Fay tteville
0 0.25 0.5 1
Mles Planning Commission
March 23, 2015
Agenda Item 2
15-4986 Crystal Springs SD PH III
Page 12 of 12
ORDINANCE NO.
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
APPROVED:
IM
LIONELD JORDAN, Mayor
day of , 2015.
ATTEST:
IIN
SONDRA E. SMITH, City Clerk/Treasurer
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 S02°33'54"W 35.00 FEET ALONG THE WEST
BOUNDARY OF SAID LOT 138 AND CONTINUING THENCE S87°24'46"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 N02°33'54"E 8.00 FEET TO THE NORTHERN LIMITS OF THE
VACATION OF THE EXISTING UTILITY EASEMENT;
THENCE S87°24'46"E 426.48 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF SAID LOT 149;
THENCE S47°40'20"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 N87°24'46"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.
RECEIVED
NORTHWEST ARKANSAS MAY 082015
CITY OF FAYETTEVILLE
Democrat Ari Oazette CITYCLER 'SOFFICE
P.U. BOX 1607, FAYETTF'VIL LE, AR, 7270% 479-44U'1700 FAX: 479605-U18 WW'/v WADO.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, 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 5763
Was inserted in the Northwest Arkansas Democrat
Gazette on:
April 30, 2015
Publication Charges: 77.82
ii22-1Ll) c2ej
Karen Caler
Subscribed and sworn to before me
This Lp day of ,,,(a. , 2015.
OeA*HW)L
Notary Public
My Commission Expires:2 2 2o7-
IORbINANGE NO. 5763
AN , ,ORDINANCE APPROVING VAC, 15-4986
SROMITrEDPERtIE BY RI TED AT D2 1 -LAB RDI FOR eV �
PROPERTIES LOCATED AT 2991_LABORDITE'[O
VACATE PORTIONS .OF AN EXISTING UTILITY
I : ` FAEf(IEJ9J. -= A 4,K A NSA
WHEREAS the City Council has the authority,
under. A C A °§ .1454-1O4 to vacate; pup) c grqunris 9r.Pbrhops thereof which arenot'
required forcorporate ``purposes; and:,,
1NHREAS the Clty;;Council has'determinedthat the following described portion of the
utility asement is not required for corporate purposes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEIYILLE, ARKANSAS. z -
Section 1 That the City. Council of the City pf Fayetteville Arkansas hereby vacates.
and abandons the foIlpWing uttldy easement described in Exhibit B; attached hereto
arid made apart thereof_
ec2ion 2 That a copy of this Ordinance dulycertified by the City Clerk along with the
nap attaohed and labeled Exhibit' A shall be filed in the office of the Recorder of the
County and ecorded in the Deed Reoords of the County. .
SectionS That this vacation approval is subject to the following condition of approvali
1. Any damagePr relocation of eXisting facilities and associated new easement dedication
shall be afthe owner/developers expense:
PASSEDand APPROVED this 21st day of April, 2015.,
APPROVD: ATTEST:
gy. By.
4IONELD JORDAN Mayor SONDRA E SMITH,rCity Clerk Treasurer
Exhibits for this ordinance may be viewedin the office of the City Clerk Treasur t
CATHY WILES
**NOTE** Arkansas - Benton County
Please do not pay from Affidavit. Invoice will be sent. Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024