HomeMy WebLinkAboutORDINANCE 6049113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6049
File Number: 2018-0166
VAC 18-6142 (1898 E. MISSION BLVD./WHISTLER WOODS SD):
Doc ID: 018007410004 Type: REL
Kind: ORDINANCE
Recorded:
005/11/2018
00Page I oh1
'01432:16 P
PeeAmt: $3
Washington County, AR
Kyle SVivester Circuit Clerk
FiJe20 18-000 13417
AN ORDINANCE TO APPROVE VAC 18-6142 FOR PROPERTY LOCATED AT 1898 E. MISSION
BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER RIGHT OF WAY GRANT
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 water and sewer right of way
grant 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 a portion of a
water and sewer right of way grant as described in Exhibit B attached to the Planning Department's
memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3. This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
2. The new sanitary sewer line shall be installed and on-line prior to final plat approval.
Page 1 Printed on 3121118
Ordinance: 6049
File Number.- 2018-0166
PASSED and APPROVED on 3/20/2018
Attest:
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 3121118
VAC 18-6142
WHISTLER WOODS SD
18-6142
EXHIBIT 'A'
Close up view
BRENT LN
Subject Property
riffs
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HACKBERRY DR
NORTH
Legend
RSF-4
Planning Area
Feet
P-1
Fayetteville City Limits
0
75 150 300 450 600
Building Footprint
1 inch = 200 feet
18-6142
EXHIBIT 'B"
Tract 1
Part of the East 112 (E/2) of the West % (W/2) of the Northeast 1/4 (NE/4)
of the Southwest "/4 (SW/4) of Section 2, Township 16 North, Range 30
West, Washington County, Arkansas and being more particularly
described as follows:
Commencing at a 112 inch rebar at the Northwest Corner of said
E/2; Thence S02058'54"W along the West line of said E/2, a distance
of 669.42 feet to a 1/2 inch rebar; Thence continuing along said West line
S02`58'54"W, a distance of 24.42 feet to the intersection with the North
line of a 25' Utility Easement (Book 755, Page 316); Said point being the
Point of Beginning;
Thence along the Northwesterly side of said 25' Utility Easement
N78°58'30"E, a distance of 170.53 feet to a point; Thence
S02°25'31 "W, a distance of 25.76 feet to a point on the Southerly line of
said Easement; Thence S78°31'39"W along said Southerly line, a
distance of 160.58 feet to a point; Thence N88°50'47"W, a distance
of 3.44 feet to a point on the West line of said E/2; Thence NO2058'54"E
along said West line, a distance of 25.02 feet to the Point of Beginning;
Containing ±0.10 Acres, more or less.
Tract 2
Part of the East 1/2 (E/2) of the West % (W/2) of the Northeast 1/4 (NE/4)
of the Southwest 1/4 (SW/4) of Section 2, Township 16 North, Range 30
West, Washington County, Arkansas and being more particularly
described as follows:
Commencing at a 1/2 inch rebar at the Northwest Corner of said
E/2; Thence S02058'54"W along the West line of said E/2, a distance
of 669.42 feet to a 1/2 inch rebar; Thence continuing along said West line
S02°58'54"W, a distance of 24.42 feet to the intersection with the North
line of a 25' Utility Easement (Book 755, Page 316); Thence N78°58'30"E
along the Northwesterly side of said 25' Utility Easement, a distance
of 170.53 feet to a point; Thence NO2°55'34"E, a distance of 1.64 feet to
a 5/8 inch rebar; Thence S87°14'39"E, a distance of 6.69 feet to the
Northwesterly line of said 25' Utility Easement for the Point of Beginning;
Thence along the Northwesterly side of said 25' Utility Easement the
following four (4) calls:
Thence N78058'30"E, a distance of 71.43 feet to a point; Thence
N25032'02"E, a distance of 140.47 feet to a point; Thence N12021'13"W,
a distance of 303.82 feet to a point; Thence N37°13'26"E, a distance of
204.34 feet to a point on the West line of Cummings Goff Addition (Plat
Book 3, Page 511), said point being located S02055'39"W, a distance
of 43.82 feet from the Northwest corner of said Cummings Goff Addition;
Washington County. AR
I certify this instrument was filed on
05/11/2018 01:32:16 PM
and recorded in Real Estate
File Number 2018-00013417
Kyle Sylvester - Eirc it C rk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0166
Agenda Date: 3/20/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 1
VAC 18-6142 (1898 E. MISSION BLVD./WHISTLER WOODS SD):
AN ORDINANCE TO APPROVE VAC 18-6142 FOR PROPERTY LOCATED AT 1898 E. MISSION
BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER RIGHT OF WAY GRANT
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 water and sewer right of way grant
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 a portion of a water and
sewer right of way grant as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit
Clerk.
Section 3. This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's
expense.
2. The new sanitary sewer line shall be installed and on-line prior to final plat approval.
City of Fayetteville, Arkansas Page 1 Printed on 312112018
Added at the March 13, 2018 Agenda Session Meeting
Legistar ID No.: 2018-0166
AGENDA REQUEST FORM
FOR: Council Meeting of March 20, 2018
FROM: City Council Member Sarah Bunch
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO APPROVE VAC 18-6142 FOR PROPERTY LOCATED AT 1898 E.
MISSION BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER RIGHT
OF WAY GRANT
APPROVED FOR AGENDA:
"/Nti
City Council Member Sarah Bunch
Asst. City Attorney Blake Pennington
(as to form)
Date
5/12-/1 S
Date
ORDINANCE NO.
AN ORDINANCE TO APPROVE VAC 18-6142 FOR PROPERTY LOCATED AT 1898 E.
MISSION BOULEVARD TO VACATE A PORTION OF A WATER AND SEWER RIGHT OF
WAY GRANT
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 water and sewer right
of way grant 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 a portion
of a water and sewer right of way grant as described in Exhibit B attached to the Planning
Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map
attached as Exhibit A to the Planning Department's memo shall be filed in the office of the
Washington County Circuit Clerk.
Section 3. This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
2. The new sanitary sewer line shall be installed and on-line prior to final plat approval.
PASSED and APPROVED this 20th day of March, 2018.
/:w77:ZA]T/"
BY:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
V�
CITY OF
F YETTEV IL.LE
ARKANSAS
MEETING OF MARCH 20, 2018
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Garner Stoll, Development Services Director
FROM: Jonathan Curth, Senior Planner
DATE: March 7, 2018
SUBJECT: VAC 18-6142: Vacation (1898 E. MISSION BLVD./WHISTLER WOODS
SD, 370): Submitted by MISSION CONTRACTORS, LLC. for property
located at 1898 E. MISSION BLVD. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains
approximately 0.10 acres. The request is to vacate a portion of a water and
sewer easement.
RECOMMENDATION:
Staff recommends approval of VAC 18-6142 with the following conditions of approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. The new sanitary sewer line shall be installed and on-line prior to final plat approval.
BACKGROUND:
The subject property is located north of Mission Boulevard and Greenview Drive and is a part of
the larger Whistler Woods subdivision that is currently being reviewed for final plat approval. The
property is developed with subdivision infrastructure and has a zoning designation of RSF-4
Residential Single-family, 4 Units per Acre. The subject water and sewer easement included a
12 -inch sanitary sewer main that was re -rerouted and will be re -dedicated with the Whistler
Woods subdivision.
Proposal: The applicant proposes to vacate a portion of a water and sewer easement, as shown
in the attached Exhibits 'A' and `B'. This request is in response to a condition of approval for the
Whistler Woods preliminary plat in 2014. The condition requires an existing water and sewer
easement to be vacated following the abandonment of the public main at that location.
DISCUSSION:
On March 2, 2018, the attached application and materials were submitted to the Planning Division
for review.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar,gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Application
• Submittal Materials
VAC 18-6142
WHISTLER WOODS SD
18-6142
EXHIBIT 'A'
Close Up View
BRENT LN
Subject Property,
RSk1 I
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HACKBERRY DR
NORTH
Legend
RSF-4
Planning Area
9
Feet
P-1
Fayetteville City Limits
0
75 150 300 450 600
Building Footprint
1 inch = 200 feet
18-6142
EXHIBIT 'B'
Tract 1
Part of the East 1/2 (E12) of the West 1/2 (W/2) of the Northeast 1/4 (NE/4)
of the Southwest 1/4 (SW/4) of Section 2, Township 16 North, Range 30
West, Washington County, Arkansas and being more particularly
described as follows:
Commencing at a 1/2 inch rebar at the Northwest Corner of said
E/2; Thence S02058'54"W along the West line of said E/2, a distance
of 669.42 feet to a 1/2 inch rebar; Thence continuing along said West line
S02°58'54"W, a distance of 24.42 feet to the intersection with the North
line of a 25' Utility Easement (Book 755, Page 316); Said point being the
Point of Beginning;
Thence along the Northwesterly side of said 25' Utility Easement
N78°58'30"E, a distance of 170.53 feet to a point; Thence
S02°25'31"W, a distance of 25.76 feet to a point on the Southerly line of
said Easement; Thence S78°31'39"W along said Southerly line, a
distance of 160.58 feet to a point; Thence N88°50'47"W, a distance
of 3.44 feet to a point on the West line of said E/2; Thence NO2058'54"E
along said West line, a distance of 25.02 feet to the Point of Beginning;
Containing ±0.10 Acres, more or less.
Tract 2
Part of the East 112 (E/2) of the West 1/2 (W/2) of the Northeast 1/4 (NE/4)
of the Southwest'/ (SW/4) of Section 2, Township 16 North, Range 30
West, Washington County, Arkansas and being more particularly
described as follows:
Commencing at a 1/2 inch rebar at the Northwest Corner of said
E/2; Thence S02°58'54"W along the West line of said E/2, a distance
of 669.42 feet to a 112 inch rebar; Thence continuing along said West line
S02°58'54"W, a distance of 24.42 feet to the intersection with the North
line of a 25' Utility Easement (Book 755, Page 316); Thence N78058'30"E
along the Northwesterly side of said 25' Utility Easement, a distance
of 170.53 feet to a point; Thence NO2°55'34"E, a distance of 1.64 feet to
a 5/8 inch rebar; Thence S87'14'39"E, a distance of 6.69 feet to the
Northwesterly line of said 25' Utility Easement for the Point of Beginning;
Thence along the Northwesterly side of said 25' Utility Easement the
following four (4) calls:
Thence N78058'30"E, a distance of 71.43 feet to a point; Thence
N25°32'02"E, a distance of 140.47 feet to a point; Thence N12°21'13"W,
a distance of 303.82 feet to a point; Thence N37'1 3'26"E, a distance of
204.34 feet to a point on the West line of Cummings Goff Addition (Plat
Book 3, Page 511), said point being located S02°55'39"W, a distance
of 43.82 feet from the Northwest corner of said Cummings Goff Addition;
JISSION Phil Crabtree
C N T R A C T C R S ISO BOX sx -s I Fay"tw011e, P 11 -,'1703
P013,56i-37, N9 i I': I.601.507.12 KI I I ]Ali,1-contractors com
VAC 18-6142
Request
Date: 3/1/18 Letter
Letter to Fayetteville City Council:
The purpose of this letter is to ask for a vacation of a water and sewer easement on said
property. The vacation of the easement was required by the City of Fayetteville for final
plat of Whistler Woods subdivision because the sewer line that was in the easement has
been abandoned and moved to another location. The new sewer fine has been moved
into the street and so the said easement is no longer needed and will not be needed in
the future. Thank you for your consideration of -this matter.
Sincerely,
Phil Crabtree
Mission Contractors LLC
VAC 18-6142
PETITION TO VACATE: CITY OF FAYETTEVILLE WATER/SEWER EASEMENT
LOCATED IN WHISTLER WOODS SUBDIVISION, CITY OF FAYETTEVILLE,
ARKANSAS
TO: The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement
hereinafter sought to be abandoned and vacated, lying in Whistler Woods
Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to
vacate an easement which is described as follows:
SEE ATTACHED
The easement that is needed vacated only effects us as the owners of the property
because it runs through the middle of the subdivision. We as the owners and
developers put in a new sewer main that services the new subdivision and the old
sewer main has been cut off and is no longer in use.
Wherefore, the undersigned petitioners respectfully ask that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the attached 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 that particular land the owners be free from the easements of the
public.
T
Date this � day of �
g *+ 2018 .
Printed Name
Signatute
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VAC 18-6142
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: S 11119
— r /�
UTILITY COMPANY: C t "rY tt� rA', mut"
APPLICANT NAME:_gt-tt L- (_lt "Tt'c' APPLICANT PHONE: a t 3 STV�
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
f I 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 C . •S S �+► __
t6L (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
Ira' 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:
�ofUtility
.' gnnw a Company Representative
wrAffl�s b/)Z,
Title
September 2017
Page 5
RIGHT OF WAY GRANT
TRACT NO.
STATE OF ARKANSAS � KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WASHINGTON
That for and in coimidcration of ..OneI. Hundred ...N..i..n...e.ty-Two...an.dI.No/100 Dollars {192.00
.......... ... . . )
and other valuable ennsidcrnlions to the undersigned, Wil liam S.....Kr.a..emer . .. ...... and Louise ........... Ruesert Kraemer ..........! -
husband and wife
. .... ............ ......::..................................................................::............I.......:. ..................-............
paid, the receipt of which is hereby acknowledged, the said Grantor docs hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and cascutrnt to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lints,
...3 ......._ manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
A part of the East one-half (1/2) of the West one-half (1/2) of the East one-half (1/2)
w of the Southwest one-fourth (1/4) of Section 11vo (2), Townehip sixteen (16), Range Thirty
(30) West of the 5th P.M. described as beginning at the Northwest corner of said 20 acre
tract and running thence South 1576 foot to the North line of State Highway No, 45; thence
V North 60 degrees and 37 minuted East 189.3 feet; thence North 756 feet and 3 inches; thence
East lbs feet; thence North 726 feet and 9 inches; thence West 330 feet to the Beginning
point and containing 6.78 acres, more or leas.
A permanent easement of 25 feet in width, being 10 feet to the South and East and 15 feet
to the North and Wast of a centerline and a temporary construction easement of 50 feet in
width being 25 feet on each side of a conterline. The centerline of both easements being
the centerline of a 12 inch sewer line and more particularly described as follows, to -mitt
Beginning at a point in the East line of the above described real-estate, said ;toil being
51 feet South of the Northeast corner thereof and running thence S 32° 05s W, 190 feet, thence
S 17° 581 E, 306 feet, thence S 20° 250 W, 248 feet; thence S 73° 181 W, 256 feet, to a point
on the West lino of the above described real estate said point being 700 foot South of the
Northwest corner thereof. t
?a x. w
C :n r'
TO HAVE AND TO IIOLD unto said Grantee, its sucoessors and assigns, so long as such-fsir* {Q%e 4Dlines, nZi
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the rta ;Ce fir&Vicreinal •.
described for the purpose of constructing, inspecting, maintaining and repairing said lines, rrtaal:�l yjtd i0wrtcnanccs
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole dKinrrtlrt.4"
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore &nnrird to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they
shall be at a licight above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, tnainlenanrc and operation as determined by three disinterested persons, one thereof to be appointcd by the
said Grantor; one by the said Grantee; and thn third by the two so appointed as aforesaid, and the written award of
such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described casement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this Wacment.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein exprenedd. 'yC
WITNESS the execution hereof this the ........... (.......:" day of 3 ,•••,,, •• ,.e1 +!c-4-- 19..6!?..
1
.{,....�i1•' I,.....•�,}................ �• . I.!6 '
ACKNOWLEDGMENT
'aTj1aP T�II{A�ISAS
;fir NIl Iz,� VA. 11Nt: TON
�SIiT IZ]:itly�tilSEREU, that on this date, before me, a Notary Public within and for said County and State, duly
.6ti ou Ct]a'
commisxianed-tliid noting, personally appeared W1I. iam S. Kraemer and Louiae Russert,.Kraemer to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that 76..0�%y ...,. had executed the game
for the consideration and purpose therein mentioned an set forth.
WITNESS my hand and seal on this ...........�/.....?......., .. day of /'%!%.t4aV........ g
19
My commission expiresr
{h" 5 PAGE 3 NA"ry Public
RECEIVED
NoRsT AxKANsAs
cam' i I i ��� i. ati I �'; i ►
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 County 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
Ord. 6049
Was inserted in the Regular Edition on:
March 29, 2018
Publication Charges: $ 96.20
Cathy Wiles
Subscribed and sworn to before me
This 2 day of , 2018.
Notary Publi
My Commission Expires:
CIT`( CLERK'S OFFICE
Ordinance. 6049
File Number. 2018-0I66
VAC' 18-6142 (1898 E. MISSION
BLVD./WHISTLER WOODS SD):
AN ORDINANCE TO APPROVE VAC
I8-6142 FOR PROPERTY LOCATED AT
1898 E. MISSION BOULEVARD TO
VACATE A PORTION OF A WATER
AND SEWER RIGFIT OF WAY GRANT
Wit
I -.R1 AS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions thereof
which arc not required for corporate
purposes: and
WHEREAS, lite City Council has
determined that the following described
water and sewer right of way grant is not
required for corporate purposes.
NOW,'1'IIEREFORE, BE ITORDAINED
13Y THE CITY COUNCIL OF TME CITY
Oh FAYi fTEVILLE, ARKANSAS:
Section 1. Thal the City Council of the City
of Fayetteville, Arkansas hereby vacates a
portion of a water and sewer right of way
grant as described in Exbibit B attached to
the Planning Department's metro.
Section 2. A copy of this Ordinance duly
certified by the City Clerk -along with the
map attached as Exhibit A to the Planning
Department's memo shall be riled in lite
office of the Washington County Circuit
Clerk
Section 3. This %neation approval is subject
to the following conditions:
I . Any relocation of or damage to
existing utilities or existing facilities shall
beat the owner/developer's expense.
2 The new sanitary sewer line
shall be installed and on-line prior to sinal
plat approval.
PASSED and APPROVED on 3/2012018
Approved:
Lioneld Jordan, May
Attest.
Sondra E. Smith, City Clerk Treasurer
7.1•17.1261 Mar. 29, 2018
TAMMY RUS;�Ez
Notary Public -Arkansas
ECommission
Washington County
Commission R 12703120
My Expires Feb t2. 202E
*NOTE*"
Please do not pay from Affidavit.
Invoice will be sent.
CIT`( CLERK'S OFFICE
Ordinance. 6049
File Number. 2018-0I66
VAC' 18-6142 (1898 E. MISSION
BLVD./WHISTLER WOODS SD):
AN ORDINANCE TO APPROVE VAC
I8-6142 FOR PROPERTY LOCATED AT
1898 E. MISSION BOULEVARD TO
VACATE A PORTION OF A WATER
AND SEWER RIGFIT OF WAY GRANT
Wit
I -.R1 AS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions thereof
which arc not required for corporate
purposes: and
WHEREAS, lite City Council has
determined that the following described
water and sewer right of way grant is not
required for corporate purposes.
NOW,'1'IIEREFORE, BE ITORDAINED
13Y THE CITY COUNCIL OF TME CITY
Oh FAYi fTEVILLE, ARKANSAS:
Section 1. Thal the City Council of the City
of Fayetteville, Arkansas hereby vacates a
portion of a water and sewer right of way
grant as described in Exbibit B attached to
the Planning Department's metro.
Section 2. A copy of this Ordinance duly
certified by the City Clerk -along with the
map attached as Exhibit A to the Planning
Department's memo shall be riled in lite
office of the Washington County Circuit
Clerk
Section 3. This %neation approval is subject
to the following conditions:
I . Any relocation of or damage to
existing utilities or existing facilities shall
beat the owner/developer's expense.
2 The new sanitary sewer line
shall be installed and on-line prior to sinal
plat approval.
PASSED and APPROVED on 3/2012018
Approved:
Lioneld Jordan, May
Attest.
Sondra E. Smith, City Clerk Treasurer
7.1•17.1261 Mar. 29, 2018