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Home My WebLink AboutORDINANCE 6137113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6137 File Number: 2018-0733 I111111I11I111111111111111111111I1111I1I1lIIlllllll11I11I111111111111i1111111111 Doc TD: 018383360005 Type: REL Kind: OROI'�4CE Recorded: 0'N'/%2019 at 03:31:37 PM Fee Amt: $35.00 Pape 1 of 5 Washington County, AS Kyle Sylvester Circuit Clerk File20 1 9-000007 1 4 OAKBROOKE SUBDIVISION PHASES 1 AND 2 UTILITY EASEMENTS: AN ORDINANCE TO VACATE PORTIONS OF UTILITY EASEMENTS IN PHASES 1 AND 2 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 prior replat of the Oakbrooke Subdivision was intended, in part, to vacate certain utility easements but the specific procedure for vacating utility easements set forth in the §171.06 of the Fayetteville Unified Development Code was not followed and the vacations were never approved by the City Council; 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 easements shown in the surveys attached collectively as Exhibit A and described in Exhibit B do not contain any utilities within the areas to be vacated. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to Page 1 Printed on 12120118 Ordinance 6137 File Number: 2018-0733 §171.06(E)(2) of the Fayetteville Unified Development Code, that 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 the portions of utility easements 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 surveys 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 12/18/2018 Attest: Sondra E. Smith, City Clerk Treasurer Rr.�; t AYGnEVlt1- - •mow ■ •� C')• 'moi 7� • KA�A '• • aJ�.`' Page 2 Printed on 12120118 Exhibit e•ul Irex nn -]:el ------ -4 L7, ' 9�Y� n� ��Y� C- �m �\�rvr:'�. ��-iF1'A`NI'\',!1'A1,nN Lti •1P! \\`n No S o '1G - \1}.� T4"�Ilinl• 41uE1 �1 z ,- lalr �m,T STa I 9 - I ,- i[iJl— ____-r 1--I ��K I - 1 o o----- ------- — - -�__� a i§ fr-V I r� b� N$y_ Ila s_fR"g f m� 4 �7 � o m : a i Ir c ---------- I --' m r ll_,.. 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[oc.now - ei n OAKS -E .'rl�i<Pnw F� ■ ■■u 1� 3 Mimi Exhibit B Legal Descriptions A 12' UTILITY EASEMENT DEDICATED PER PLAT 23A-326, BEING LOCATED ON LOT 37B OF THE REPLAT OF LOTS 37-41 OF OAKBROOKE SUBDIVISION PHASE 2 TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS RECORDED IN BOOK 24 AT PAGE 34, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02049'37"W 14.00' AND N87000'35"W 3.15' FROM THE NORTHEAST CORNER OF SAID LOT 37B AND RUNNING THENCE S02017'42"W 113.45', THENCE N87010'22"W 12.00', THENCE NO2°17'42"E 113.48', THENCE S87000'35"E 12.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. Ellalc A 12' UTILITY EASEMENT DEDICATED PER PLAT 23A-326, BEING LOCATED ON LOT 39B OF THE REPLAT OF LOTS 37-41 OF OAKBROOKE SUBDIVISION PHASE 2 TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS RECORDED IN BOOK 24 AT PAGE 34, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02049'37"W 14.00' AND N87000'35"E 7.98' FROM THE NORTHWEST CORNER OF SAID LOT 39B AND RUNNING THENCE S87000'35"E 12.00', THENCE S02°17'42"W 113.07', THENCE N87-1 0'22"W 12.00', THENCE NO2017'42"E 113.10' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. AND A PORTION OF A UTILITY EASEMENT DEDICATED PER PLAT 23A-326, BEING LOCATED ON LOTS 23A, 23B, AND 24 OF OAKBROOKE SUBDIVISION PHASE 1, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, SAID PORTION OF THE UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87010'10"E 16.00' AND NO2049'45"E 10.00' FROM THE SOUTHWEST CORNER OF SAID LOT 23A, AND RUNNING THENCE NO2049'45"E 103.49', THENCE S87042'18"E 142.08', THENCE S02°48'41 "W 4.00', THENCE N87042'18"W 57.75', THENCE S02048'41 "W 85.28', THENCE N87° 10' 10"W 14.00', THENCE NO2°48'41 "E 85.15', THENCE N87-42'1 8"W 62.33', THENCE S02'49'45 "W 99.57', THENCE N870 10' 10"W 8.00' TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 01/08/2019 03:31:37 PM and recorded in Real Estate File Number 2019-00000714 Kyle Sylvester - Ci cwil Clerk by "F~ City of Fayetteville, Arkansas - Text File File Number: 2018-0733 Agenda Date: 12/18/2018 Version: 1 In Control: City Council Meeting Agenda Number: D. 17 OAKBROOKE SUBDIVISION PHASES 1 AND 2 UTILITY EASEMENTS: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO VACATE PORTIONS OF UTILITY EASEMENTS IN PHASES 1 AND 2 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 prior replat of the Oakbrooke Subdivision was intended, in part, to vacate certain utility easements but the specific procedure for vacating utility easements set forth in the §171.06 of the Fayeteville Unified Development Code was not followed and the vacations were never approved by the City Council; 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 easements shown in the surveys attached collectively as Exhibit A and described in Exhibit B do not contain any utilities within the areas 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 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 the portions of utility easements 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 surveys 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 1211912018 File Number.' 2018-0733 City of Fayetteville, Arkansas Page 2 Printed on 1211912018 City of Fayetteville Staff Review Form 2018-0733 Legistar File ID 12/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item City Attorney Kit Williams 12/5/2018 Submitted By Submitted Date Action Recommendation: CITY ATTORNEY (021) Division / Department An ordinance to vacate portions of utility easements in Phases 1 and 2 of the Oakbrooke Subdivision Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 0FFICF, 0 THE Cri'y Ai-I'0R\1:Y TO: FROM: DATE: RE: DEPARTMENTAL CORRESPONDENCE Mayor Jordan City Council Blake Pennington, Assistant City Attor y December 5, 2018 Kit Williains City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal Vacation of Utility Easements in Oakbrooke Subdivision Based on the City Council's request at the December 4, 2018 meeting, our office has prepared an ordinance vacating all three easements in Phases 1 and 2 of the Oakbrooke Subdivision that Mr. Hoskins has identified. 1 also included the easement on the property located at 3995 West Starry Night View that was approved in the last meeting only because the legal description prepared by Bates & Associates is more accurate and detailed than the one included in the earlier approval. This does not invalidate your earlier approval but it better defines the vacated easement for future title searches and surveys. ORDINANCE NO. AN ORDINANCE TO VACATE PORTIONS OF UTILITY EASEMENTS IN PHASES I AND 2 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 prior replat of the Oakbrooke Subdivision was intended, in part, to vacate certain utility easements but the specific procedure for vacating utility easements set forth in the § 171.06 of the Fayeteville Unified Development Code was not followed and the vacations were never approved by the City Council; 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 easements shown in the surveys attached collectively as Exhibit A and described in Exhibit B do not contain any utilities within the areas 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 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 the portions of utility easements 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 surveys and legal description attached as Exhibits A and B, shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED this 181h day of December, 2018. APPROVED: ATTEST: In LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer �y�- -- �� `K. --.._ �•.: _ I I IIA Exhib*t A y�a FE3IE! E11— I �'I I ` I ,��\\�.•trucri•st,.iV,i,.��,i�t • �.+ ' I yl� -�1 t� � fli.l-��%' it\r u! 1'+L[Arlti75'V'.,:NwIR.CTf� N�n.�� rr I f nI i` + I � a I � I _ i I F1 l l� " p .'`�� •.;! wl N6t'�iNUtt4 �r:NtY a.l+tlr O9i6S �" TP i r � — — k rEuxntir gat. jfir-, — — , — . _ — w rl' fJ i al ..._ soclows,lnc. ............... . ...une mac -V__ , � •� �• ."_ •"'" s,mmu. ..n.u. pigFNn.lunpn•Wxhup.irt l.1�"'S — _ At� `MS�;a 8 xs i r � — — k rEuxntir gat. jfir-, — — , — . _ — w rl' fJ i al ..._ soclows,lnc. ............... . ...une mac -V__ , � •� �• ."_ •"'" s,mmu. ..n.u. pigFNn.lunpn•Wxhup.irt l.1�"'S — _ Exhibit B Legal Descriptions A 12' UTILITY EASEMENT DEDICATED PER PLAT 23A-326, BEING LOCATED ON LOT 37B OF THE REPLAT OF LOTS 37-41 OF OAKBROOKE SUBDIVISION PHASE 2 TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS RECORDED IN BOOK 24 AT PAGE 34, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02049'37"W 14.00' AND N87000'35"W 3.15' FROM THE NORTHEAST CORNER OF SAID LOT 37B AND RUNNING THENCE S02017'42"W 113.45', THENCE N87°10'22"W 12.00', THENCE NO2°17'42"E 113.48', THENCE S87000'35"E 12.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. FERMI] A 12' UTILITY EASEMENT DEDICATED PER PLAT 23A-326, BEING LOCATED ON LOT 39B OF THE REPLAT OF LOTS 37-41 OF OAKBROOKE SUBDIVISION PHASE 2 TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS RECORDED IN BOOK 24 AT PAGE 34, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02049'37"W 14.00' AND N87000'35"E 7.98' FROM THE NORTHWEST CORNER OF SAID LOT 39B AND RUNNING THENCE S87000'35"E 12.00', THENCE S02017'42"W 113.07', THENCE N87010'22"W 12.00', THENCE NO2017'42"E 113.10' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. AND A PORTION OF A UTILITY EASEMENT DEDICATED PER PLAT 23A-326, BEING LOCATED ON LOTS 23A, 23B, AND 24 OF OAKBROOKE SUBDIVISION PHASE 1, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY ARKANSAS, SAID PORTION OF THE UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87010'10"E 16.00' AND NO2049'45"E 10.00' FROM THE SOUTHWEST CORNER OF SAID LOT 23A, AND RUNNING THENCE NO2°49'45"E 103.49', THENCE S87042'1 8"E 142.08', THENCE S02048'41 "W 4.00', THENCE N87-42'1 8"W 57.75', THENCE S02048'41 "W 85.28', THENCE N87°10'10"W 14.00', THENCE NO2-48'41 "E 85.15', THENCE N87°42'18"W 62.33', THENCE S02°49'45"W 99.57', THENCE N8701 O'10"W 8.00' TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS. NoRT-ivvEsT ARKarrsas Democrat azette AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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. 6137 Was inserted in the Regular Edition on: January 3, 2019 Publication Charges: $ 137.80 Cathy Staggs () Subscribed and sworn to before me This 1L\ day of,, , , 2019. r Notary Public My Commission Expires'. **NOTE** Please do not pay from Affidavit. Invoice will be sent. C ^.THY llrll_LS A.rkarlsas - fen?ort Corlr�?.� f'Ubfc - COM 17i'f 123971 18 fr"rr Conunissiori ;:xpir Fm 20, 202,1 Ordinance: 6137 File Number: 2018-0733 OAKBROOKE SUBDIVISION PHASES I AND 2 UTILITY EASEMENTS: AN ORDINANCE= TO VACATE PORTIONS OF UTILITY EASEMENTS IN PHASES I AND 2 OF THE OAKBROOKE SUBDIVISION WHEREAS, the City Council has the authority under A.C. A Z 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, a prior replat of the Oakbrookc Subdivision was intended, in part, to vacate certain utility easements but the specific procedure for vacating utility casements set forth in the § 171.06 of the Fayetteville Unified Development Code was not followed and the vacations were never approved by the City Council; 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 Iwo -Third of its membership and the Mayor NOW, THEREFORE, BE 1T ORDAINED BY 'fl IE CITY COUNCIL OF THE CITY OF FAYETTL-VILLE, ARKANSAS: Section l: 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 casements shown in the surveys attached collectively as Exhibit A and described in Exhibit B do not contain any utilities within the areas to be vacated. Section 2: Thal the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to 171.06(E)(2) of the Fayetteville Unified Development Code, that 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 [lie portions of utility casements as described and shown in Exhibits A and B attached to [his Ordinance, Section 4: A copy of this Ordinance duly certified by the City Clerk, along with [lie surveys and legal desctiplion attached as Exhibits A and B, shall be filed in the office of the Washington County Circuit Clerk. PASSED and APPROVED on 12/18/2018 Approved: Lioncld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74797588 Jan, 3, 2019