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Home My WebLink AboutORDINANCE 6118113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6118 File Number: 2018-0684 OAKBROOKE SUBDIVISION PHASE II UTILITY EASEMENT: Doc ID: 018370290004 Type: REL Kind: ORDINANCE Recorded: 12/31/2018 at 11:24:34 AM Fee Amt: $30.00 Page i of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2018-00038269 AN ORDINANCE TO VACATE A PORTION OF A UTILITY EASEMENT IN PHASE II OF THE OAKBROOKE SUBDIVISION 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, a portion of a house located at 3995 West Starry Night View, which is scheduled for an imminent closing, has been constructed within an easement and, unless the easement is vacated, clear and marketable title to the property cannot be conveyed; and WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate a public easement need not be presented to the Planning Commission before being submitted to the City Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and the Mayor. 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 finds, pursuant to § 171.06(E)(1) of the Fayetteville Unified Development Code, that the public utility easement shown in the map attached as Exhibit A and described in Exhibit B does not contain any utilities within the area to be vacated. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to § 171.06(E)(2) of the Fayetteville Unified Development Code, that because of the imminent closing scheduled for the subject property special circumstances exist which require prompt consideration of Page 1 Printed on 1215118 Ordinance 6118 File ATumher• 207R._(KRJ the vacation request and justify bypassing the Planning Commission. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility easement as described and shown in Exhibits A and B attached to this Ordinance. Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map and legal description attached as Exhibits A and B, shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED on 12/4/2018 Attest: Sondra E. Smith, City Clerk Trea � �TRE��i po =0: ��YT3�ILtL: iii Page 2 Printed on 1215118 z J G Z _W LL H y W M VAC 1 3995 W. STARRY NIGHT VW. Close Up View RSF-8 Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint RJJZD Subject Property STARRY NIGHT VW RSF-1 Feet 0 35 70 140 210 280 1 inch = 100 feet Exhibit "N A& NORTH RSF-1 RSF-8 Community Services Commercial, Industrial, Residential Exhibit B LEGAL DESCRIPTION A portion of a utility easement located on Lot 39b Oakbrooke Subdivision Phase II, Parcel # 765-28196-001 Washington County, AR 1 certify this instrument was filed on 12/31/2018 11:24:34 AM and recorded in Real Estate File Number 2018-0003826, Kyle Sylvester - Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street - Fayetteville, AR 72701 f (479) 575-8323 ;., Text File File Number: 2018-0684 Agenda Date: 12/4/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 OAKBROOKE SUBDIVISION PHASE II UTILITY EASEMENT: AN ORDINANCE TO VACATE A PORTION OF A UTILITY EASEMENT IN PHASE II OF THE OAKBROOKE SUBDIVISION 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, a portion of a house located at 3995 West Starry Night View, which is scheduled for an imminent closing, has been constructed within an easement and, unless the easement is vacated, clear and marketable title to the property cannot be conveyed; and WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate a public easement need not be presented to the Planning Commission before being submitted to the City Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and the Mayor. 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 finds, pursuant to § 171.06(E)(1) of the Fayetteville Unified Development Code, that the public utility easement shown in the map attached as Exhibit A and described in Exhibit B does not contain any utilities within the area to be vacated. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to § 171.06(E)(2) of the Fayetteville Unified Development Code, that because of the imminent closing scheduled for the subject property special circumstances exist which require prompt consideration of the vacation request and justify bypassing the Planning Commission. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility easement as described and shown in Exhibits A and B attached to this Ordinance. Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map and legal description attached as Exhibits A and B, shall be filed in the office of the Washington County Circuit Clerk. City of Fayetteville, Arkansas Page 1 Printed on 121512018 Cam Legistar ID No.:�� AGENDA REQUEST FORM FOR: Council Meeting of December 4, 2018 FROM: City Council Member Mark Kinion ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO VACATE A PORTIONS OF A UTILITY EASEMENT IN PHASE II OF THE OAKBROOKE SUBDIVISION APPROVED FOR AGENDA: Asst. City Attorney Blake Pennington Approved as to form ,z 7, 2 a g Date 1Iz 1 Date ORDINANCE NO. AN ORDINANCE TO VACATE A PORTION OF A UTILITY EASEMENT IN PHASE II OF THE OAKBROOKE SUBDIVISION 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, a portion of a house located at 3995 West Starry Night View, which is scheduled for an imminent closing, has been constructed within an easement and, unless the easement is vacated. clear and marketable title to the property cannot be conveyed; and WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate a public easement need not be presented to the Planning Commission before being submitted to the City Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and the Mayor. 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 finds, pursuant to § 171.06(E)(1) of the Fayetteville Unified Development Code, that the public utility easement shown in the map attached as Exhibit A and described in Exhibit B does not contain any utilities within the area to be vacated. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursdant to § 171.06(E)(2) of the Fayetteville Unified Development Code, that because of the imminent closing scheduled for the subject property special circumstances exist which require prompt consideration of the vacation request and justify bypassing the Planning Commission. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility easement as described and shown in Exhibits A and B attached to this Ordinance, Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map and legal description attached as Exhibits A, and B, shall be fled in the office of the Washington, County Circuit Clerk. PASSED and APPROVED this 4th day of December, 2018. APPROVED: Bv: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer VAC 3995 W. STARRY NIGHT VW. Close Up View Exhibit °A' RSF-8 MIZI7 Subject Property ~~ STARRY NIGHT VW z J o RSF-1 z _W W IL F— U) W m NORTH Legend _ RSF-1 RSF-8 Planning Area Feet Community Services Fayetteville City Limits Commercial, Industrial, Residential Trail (Proposed) 0 35 70 140 210 280 Building Footprint 1 inch = 100 feet Exhibit B LEGAL DESCRIPTION A portion of a utility easement located on Lot 39b Oakbrooke Subdivision Phase II, Parcel # 765-28196-001 \- BEST FF$'l�END LN r Ijy `L •�{ Ids .__'. y�! Z v 0 CD U, o Cx[ r• CD �' < c� CD C CD r _ CD CD t CD cam_ 0 CD Z v 0 CD U, o Cx[ _ CD �' < c� CD C CD r _ CD CD 3 ( (D w ■ _ � _ N05Mg9fIS Ilw.��Alxlor^---_ ��'�4'��. • _ _'lIIMIJYI 'muuu[Ii �. .- .+w,.l..� � •out es�e��ssty ., ,.,,,,,. iiva,nnnnnn owminnx � '�'•�� 111. ~�w sl I I e,l I P, a tll I b I � I I II sad 1 �a � see ,xs�,er.zos 1 ��QL7�YN 11 � — '�•� _ 1 � I - 1r�(-valanv an,nr tet,•- E _.,. 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Tl.' dr .o, — — — rrrY.m •�moani I I I I I I I I I I I I _I I I I I I I ,I I I I r r' .zrcoi yg i F€�'f3 ig L------------ — - — — { �. ,I =o FN ---r--- -- ---_-- _TJ I q i5 I �� ooa Y C o.4 d W $� � F�rR aRgi ,I =o FN I �� ooa o.4 d gh d. o'er 7o i '05 uygN Ly 'omN_ ^6u g o B S t-ipts 1 RECEIVED DEC 21 2018 ADT"R `- 4Ks °FFIC-NORTHWESTARKANSAS Democrat0AU'rette 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. 6118 Was inserted in the Regular Edition on: December 13, 2018 Publication Charges: $ 132.60 Cathy Wiles Subscribed and sworn to before me This n t ,day of pec. , 2018. �f' • e �� i 1 s Notary Public My Commission Expires: 3_(6_ **NOTE** Please do not pay from Affidavit - Invoice will be sent. Ordinance. 6118 File Number- 2018-0684 OAKBROOKE SUBDIVISION PHASE 11 UTILITY EASEMENT AN ORDINANCE "f0 VACATE A PORTION OF A UTILI'T'Y EASEMENT IN PI-IASI 11 OI- THE OAKBROOKE SUBDIVISION WI IEREAS, the Cily Council has (hc authority under A -C A ` I4-54-104 to vacate public grounds or portions thereof which arc uol required for corporate purposes; and WI IEREAS, a portion ofa house located at 3995 Wes( Slarry Night Vicw, which is scheduled for an imminent closing, has been cons(ruc(cd within an easement and, unless (he easement is vacated, clear and marketable (ille to (he property cannot be conveyed, and WI IEREAS, pursuant to Scclion 171.06(E) of the Fayet[cville Unified Development Code a request to vacate a public easement need not be prescn(ed to the Planning Commission before being submi(ted to the City Council as long as the City Council makes certain findings by a vote of al leas( two -third of ils mcmbership and the Mayor NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILL.E, ARKANSAS: Section 1 That (he City Council of the City of Fayclleville, Arkansas hereby finds, pursuant to 171.06(E)(1) of the Fayelteville Unified Development Code, that the public utility cascinew shown in the map attached as Exhibit A and described in Exhibit B docs not contain any u(ilitics wi(hin (he arca to be vacated. Section 2That the City Council of the City of Fayetievillc, Arkansas hereby finds, pursuant to 171 06(E:)(2) of the Faycltevillc Unified Development Code, that beCnuSe of the inuninenl closing scheduled for the subjecl properly special circumstances exist which require prompt consideration of the vacation request andjustify bypassing the Planning Commission Section 3: That [lie City Council of the City of Fayetteville, Arkansas hereby vacates a portion ofa utility casement as described and shown in Exhibits A and B attached to [his Ordinance, Scclion 4: A copy of (his Ordinance duly cer[ificd by the Cily Clerk, along with the map and legal description attached as Exhibits A and 13, shall be filed in the office orthe Washinglon Counhy Circuit Clerk PASSED and APPROVED on 12/4/2018 Approved, Lroncld Jordan, Mayor A(tcsi Sondra F' Smith, Cily Clerk Treasurer 74776665 Dec. 13, 2018