No preview available
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 D O O Z H 3 y N W V-! V W O Z J Q N J 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 0 0 O O _Z U) W U M LU O Z J Q J 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 Prin 6 65- _ /k r )4-1 atures ?3 SW w w j Q Q r LL x U v19® z Fe3v �" -- �- a z a n E u L o Eam n E - 1:� c- 'z 3r9 3m ajNaE� ociv �wv - �� - w C m w - z_ - v a ,_ y$$$ C m C w- -- 2oo Nci ti a o3a ciw om_a �zm �o v mci a o3 uw °m=ca °,z�� ,Zb'699 M 3 J -9,99-M N '-cnd ,bS,BS.Z 5 WC � uoll!PPV J@AMDS—J@lo@gM m® O r Z 'NV' ■� '� aM w Lb G w ■� V mp M 2 � m co 3 1CSS.Z N z Fe3v �" -- �- a z a n E u L o Eam n E - 1:� c- 'z 3r9 3m ajNaE� ociv �wv - �� - w C m w - z_ - v a ,_ y$$$ C m C w- -- 2oo Nci ti a o3a ciw om_a �zm �o v mci a o3 uw °m=ca °,z�� n ,00'LZL M .6C,99.Zo s 41, g i �rS 5 12'2►� arypq.afs r = ' S, =tFs� Qj i C9 z Q N ` ,Zb'699 M 3 J -9,99-M N '-cnd ,bS,BS.Z WC � uoll!PPV J@AMDS—J@lo@gM m® O M 'NV' ■� '� aM w Lb w ■� V mp M 2 � m co 3 1CSS.Z N �a ma A uoi}iPPV Jjoo sbu,Luwno n ,00'LZL M .6C,99.Zo s 41, g i �rS 5 12'2►� arypq.afs r = ' S, =tFs� Qj i C9 z Q N ` ,Zb'699 M 3 J -9,99-M N '-cnd ,bS,BS.Z WC � uoll!PPV J@AMDS—J@lo@gM m® O ¢Q w� � N M „1C,SS.ZO s 1 � �-c Ul 'to -T, a co m�lRp i l m 1O �/ 7,07 m 3 J -9,99-M N '-cnd VII \oN Z'W m® O 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