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HomeMy WebLinkAboutORDINANCE 6188113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6188 File Number: 2019-0270 VAC 19-6617 (4661 N. COPPER CREEK DRIVE): ARCHIVED I IIIIIII Iliiil III VIII VIII VIII (IIII I I I VIII IIII VIII III VIII II IIII III Doc ID: 018629850004 Type: REL Kind: ORDINANCE Recorded: 06/10/2019 at 03:19:38 PM Fee Amt: $30.00 Paqe i of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File0 19-000 1665 1 AN ORDINANCE TO APPROVE VAC 19-6617 FOR PROPERTY LOCATED AT 4661 NORTH COPPER CREEK DRIVE TO VACATE A PORTION OF A GENERAL 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 a 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 a portion of a general utility easement 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. Page 1 Printed on 5,22119 File Alumber: 2019-0270 Ordinance 6188 PASSED and APPROVED on 5/21/2019 Attest: Lisa Branson, Deputy City Clerk c�ERKy ` CIT o.Fy'; �• ��'�G z: AYF�ellj :T = A 1O 111100 ``♦ Page 2 Printed on 5122119 VAC 19-6617 HAN COCK 19-6617 Gose up view EXHIBIT 'A' HEARTHSTONE DR PEPPERMILL PL 1zsF_; Subject Property -- - - - - - - - - -- ' � o -_ Y i---------� W W X U P_1 2 ' ix J W + a LJJL , a- 0 , i ------ ZION RD - - - - - - - - - - - - - - - - - Legend Planning Area �- - - Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 1 inch = 200 feet N. We NORTH RSF-4 P-1 19-6617 EXHIBIT 'B' LEGAL DESCRIPTIONS FOR A PROPOSED UTILITY EASEMENT VACATION AT 4661 N. COPPER CREEK DRIVE PROPERTY DESCRIPTION (PARCELS #765-22516-000 & #001-15180-003): ALL OF LOT 81 AND PART OF LOT 83 OF THE FINAL PLAT OF COPPER CREEK SUBDIVISION RECORDED IN PLAT BOOK 19 AT PAGE 1 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF NORTH COPPER CREEK DRIVE MARKING THE NORTHEAST CORNER OF SAID LOT 81 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S06041'13"W 6239', ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00' FOR A CHORD BEARING AND DISTANCE OF S03053'00"W 3938', S02031'02"W 10.00', THENCE LEAVING SAID RIGHT-OF-WAY N88038'06"W 11130', THENCE N84043'07"W 49.51', THENCE N02029'56"E 10.48', THENCE N47044'25"E 33.84', THENCE N27028'13"W 9032', THENCE S87°08'43"E 18734' TO THE POINT OF BEGINNING, CONTAINING 0.41 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PARTIAL UTILITY EASEMENT VACATION DESCRIPTION: A PORTION OF A 20' UTILITY EASEMENT LOCATED ON A PART OF LOTS 81 AND 83 OF THE FINAL PLAT OF COPPER CREEK SUBDMSION RECORDED IN PLAT BOOK 19 AT PAGE 1 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS, SAID UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE WEST LINE OF SAID 20' UTILITY EASEMENT WHICH IS N87008'43'W 144.50' AND S03003'55"W 14.46' FROM AN EXISTING REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 81 AND RUNNING THENCE S87008'43"E 20.00' TO THE EAST LINE OF SAID UTILITY EASEMENT, THENCE ALONG SAID EAST LINE S03°03'55"W 67.40' TO THE NORTH LINE OF A 20' DRAINAGE EASEMENT RECORDED ON THE FINAL PLAT OF COPPER CREEK SUBDMSION IN PLAT BOOK 19 AT PAGE 1, THENCE ALONG SAID NORTH LINE OF THE DRAINAGE EASEMENT THE FOLLOWING: N87015'35"W 10.13', N57112'47"W 7.85', N27028'13"W 6.01' TO THE WEST LINE OF SAID 20' UTILITY EASEMENT, THENCE ALONG SAID WEST LINE NO3003'55"E 5831' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. Wasnington County, AR I certify this instrument was filed on 06/10/2019 0319:38 PM and recorded in Real Estate File Number 2019-00016651 Kyle Sylvester - Circui erk by r City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 ;N Text File -- File Number: 2019-0270 Agenda Date: 5/21/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 VAC 19-6617 (4661 N. COPPER CREEK DRIVE): AN ORDINANCE TO APPROVE VAC 19-6617 FOR PROPERTY LOCATED AT 4661 NORTH COPPER CREEK DRIVE TO VACATE A PORTION OF A GENERAL 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 a 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 a portion of a general utility easement 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Paye 1 Printed on 512212019 City of Fayetteville Staff Review Form 2019-0270 Legistar File ID 5/21/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 5/3/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6617: Vacation (4661 N. COPPER CREEK DR./HANCOCK RESIDENCE, 100): Submitted by BATES & ASSOCIATES, INC. for property located at 4661 N. COPPER CREEK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.37 acres. The request is to vacate a portion of a 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 i ' V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 21, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Abdul Ghous, Planner DATE: May 3, 2019 SUBJECT: VAC 19-6617: Vacation (4661 N. COPPER CREEK DR./HANCOCK RESIDENCE, 100): Submitted by BATES & ASSOCIATES, INC. for property located at 4661 N. COPPER CREEK DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.37 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6617 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located at 4661 N. Copper Creek Drive, lot 81 & PT lot 83 of the Copper Creek subdivision. The property is zoned RSF-4, Residential Single Family, 4 Units per Acre. Proposal: The applicant proposes to vacate a utility easement that varies in size along the property's western boundary, totaling approximately 0.03 acres (see attached exhibit). The applicant desires to build a pool in the easement area. DISCUSSION: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Utility Response Cox Communications No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AEP/SWEPCO Black Hills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Transportation No objections and no comment. No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. Not applicable. Not applicable. Public Comment: No public comment has been received at the time of writing this report. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B r • Planning Commission packet 2 VAC19-6617 HA N COCK 19-6617 Close up view EXHIBIT 'A' I' HEARTHSTONE DR - - -- — ' r 1 I PEPPERMILL PL RSF-4 Subject Property i i p ? i W iW JZ i ir_+a IL v0 1 r F' -� 111111- �-j 'rr 7 NORTH Legend Planning Area _ - Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet R S F-4 P-1 19-6617 EXHIBIT 'B' LEGAL DESCRIPTIONS FOR A PROPOSED UTILITY EASEMENT VACATION AT 4661 N. COPPER CREEK DRIVE PROPERTY DESCRIPTION (PARCELS #765-22516-000 & #001-15180-003): ALL OF LOT 81 AND PART OF LOT 83 OF THE FINAL PLAT OF COPPER CREEK SUBDIVISION RECORDED IN PLAT BOOK 19 AT PAGE 1 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF NORTH COPPER CREEK DRIVE MARKING THE NORTHEAST CORNER OF SAID LOT 81 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S06041'1311W 62.39', ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 525.00' FOR A CHORD BEARING AND DISTANCE OF S03053'00"W 39.38', S02031'02"W 10.00', THENCE LEAVING SAID RIGHT-OF-WAY N88038'06"W 111.30', THENCE N84043'07"W 49.51', THENCE NO2°29'56"E 10.48', THENCE N47044'25"E 33.84', THENCE N27°28'13"W 90.32', THENCE S87008'43"E 187.34' TO THE POINT OF BEGINNING, CONTAINING 0.41 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. PARTIAL UTILITY EASEMENT VACATION DESCRIPTION: A PORTION OF A 20' UTILITY EASEMENT LOCATED ON A PART OF LOTS 81 AND 83 OF THE FINAL PLAT OF COPPER CREEK SUBDIVISION RECORDED IN PLAT BOOK 19 AT PAGE 1 1N THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS, SAID UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE WEST LINE OF SAID 20' UTILITY EASEMENT WHICH IS N87008'43"W 144.50' AND S03003'55"W 14.46' FROM AN EXISTING REBAR MARKING THE NORTHEAST CORNER OF SAID LOT 81 AND RUNNING THENCE S87008'43"E 20.00' TO THE EAST LINE OF SAID UTILITY EASEMENT, THENCE ALONG SAID EAST LINE S03003'55"W 67.40' TO THE NORTH LINE OF A 20' DRAINAGE EASEMENT RECORDED ON THE FINAL PLAT OF COPPER CREEK SUBDIVISION 1N PLAT BOOK 19 AT PAGE 1, THENCE ALONG SAID NORTH LINE OF THE DRAINAGE EASEMENT THE FOLLOWING: N87115'35"W 10.13', N57°12'47"W 7.85', N27028'13"W 6.01' TO THE WEST LINE OF SAID 20' UTILITY EASEMENT, THENCE ALONG SAID WEST LINE NO3003'55"E 58.31' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO 40 ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Abdul R. Ghous, Planner MEETING DATE: April 22, 2019 Updated 4/23/2019 PC APPROVED SUBJECT: VAC 19-6617: Vacation (4661 N. COPPER CREEK DRIVE): Submitted by BATES & ASSOCIATES, INC. for property located at 4661 N. COPPER CREEK DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.4 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6617 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6617 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located at 4661 N. Copper Creek Drive, lot 81 & PT lot 83 of the Copper Creek subdivision. The property is zoned RSF-4, Residential Single Family, 4 Units per Acre. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Residential Single Family House RSF-4, Residential Single-family, 4 Units per Acre South Residential Single Family House Washington Count East Park P-1, Institutional West Residential Single Family House RSF-4, Residential Single-family, 4 Units per Acre Proposal: The applicant proposes to vacate a utility easement that varies in size along the property's western boundary, totaling approximately 0.03 acres (see attached exhibit). The applicant desires to build a pool in the easement area. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Planning Commission April 22, 2019 Agenda Item 8 19-6617 Hancock Res. Page 1 of 9 Utility Response Cox Communications No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. AEP/SWEPCO No objections and no comment. Black Hills Energy AR No objections and no comment. AT&T No objections and no comment. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling Not applicable. Transportation Not applicable. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6617 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; PLANNING COMMISSION ACTION: Required YES Date: April 22, 2019 0 Tabled 13/Forwarded O Denied Motion: Winston Second: Paxton Vote: 7-0-0 BUDGET/STAFF IMPACT: None PC forwarded to City Council Recommends approval with conditions recommended by staff. Planning Commission GAETC\Development Services Review\2019\Development Services\19-6617 VAC 4661 N. Copper Creek Dr. April 22, 2019 (Hancock) 100\03 Planning Commission\04-22-2019\Comments and Redlines Agenda Item 8 19-6617 Hancock Res. Page 2 of 9 Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission GAETC\Development Services Review\2019\Development Services\19-6617 VAC 4661 N. Copper Creek Dr. April 22, 2019 (Hancock) 100\03 Planning Commission\04-22-2019\Comments and Redlines Agenda Item 8 19-6617 Hancock Res. Page 3 of 9 Bates,&, Civil Eogineenng • -and Snevey ng • l and ' h`'tec#ur+'. 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.nwabatesinc.com February 26, 2019 To -the City of Fayetteville Planning Commission and City Council, Our clients, Scott and Christi Hancock, who live at 4661 North Copper Creek Drive, would like to vacate a portion of an existing 20' wide utility'easement that runs north -south through their back yard, at the same address, in order to construct a new swimming pool. The utility easement was dedicated on the final plat of Copper Creek Subdivision filed in Plat Book 19 at page 1. Their property is comprised of all of lot 81 and a part of lot 83. Lot 81 the southernmost lot on the west side of North Copper Creek Drive. All of the existing utilities in the back yard end at or around the north line of the Hancock's property. The proposed swimming pool would be approximately in the middle of the backyard, several feet away from the nearest utility. Please see the attached easement vacation exhibit for reference. If you have any questions please contact us. Sincerely, Justin Reid Project Manager Bates and Associates Planning Commission April 22, 2019 Agenda Item 8 19-6617 Hancock Res. Page 4 of 9 PETITION TO VACATE A PORTION OFA, 20' U ILITY EASEMENT LOCATED ON PART OF LOTS 81 & 83 IN COPPER CREEK SUBDIVISION IN THE CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We; the undersigned, being all the owners of the real estate abutting the LMLITY EASEMENT, hereinafter sought to be abandoned and vacated, ON .PART OF LOTS 81 & 83 IN COPPER CREEK SUBDIVISION, City of Fayetteville, Arkansas, a municipal corporation; petition to vacate a portion of a UTILITY EASEMENT which is described as follows: A PORTION OF A 20' UTILITY EASEMENT LOCATED ON A PART OF LOTS 81AND 83 OF THE FINAL 'PLAT OF COPPER CREEK SUBDIVISION RECORDED IN .PLAT BOOK 19 AT PAGE 1 IN THE CIRCUIT GLE'RWS OFFICE .OF WASHINGTON COUNTY, ARKANSAS,, SAID UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT; BEGINNING ATA POINT ON THE WEST LINE OF SAID 20' UTILITY EASEMENT WHICH IS N87°08'43"W 144.50' AND S03103155"W 14,46' FROWN EXISTING REBAR MARKING THE NORTHEAST CORNER OF SAID LOT` 81 AND RUNNING THENCE 587*08'43"E 20.00' TO THE EAST LINE OF SAID UTILITY EASEMENT, THENCE ALONG SAID EAST LINE 503'03'55"W 67;40' TO THE NORTH LINE OF A 20' DRAINAGE EASEMENT RECORDED ON THE FINAL PLAT OF COPPER CREEK SUBDIVISION IN PLAT BOOK 19 AT PAGE 1, THENCE ALONG SAID NORTH'UNE OF THE DRAINAGE: EASEMENT THE FOLLOWING: N87`15'35"W 10.13', N57'12'47"W 7.85', N27"28113"W 6.01'T0 THE WEST LINE OF 'SAID 20' UTILITY EASEMENT, THENCE ALONG SAID WEST LINE NO3'03'55".E',58.3.1' TO THE POINT-OF.BEGINNING, .CONTAINING 6.03 ACRES, MORE OR. LESS. That the abutting real estate affected by said abandonment of the PORTION OFTHE 20' UTILITY EASEMENT LOCATED,ON PART OF LOTS 81 & 83 M COPPER CREEK SUBDIVISION IN THE CITY OF FAYETTEViLLE; ARKANSAS, used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by. the abandonment of the portion of the above described PORTION OF THE 20' UTILITY_EASEMENT LOCATED ON PART OF LOTS 81;&.83 IN COPPER CREEK SUBDIVISION IN THE CITY OF FAYETTEVILLE, ARKANSAS. The petitioners .pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer 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. WHEREFOitt, the -undersigned petitioners respectfully pray that the;governing.body of the City of Fayetteville, Arkansas, abandon and vacate the above described UTJLITY .EASEMENT; Dated th'wZr day of ! " '2019. Printed Name Printed.Name. Signatu Signature Planning Commission April 22, 2019 Agenda Item 8 19-6617 Hancock Res. Page 5 of 9 6l0 9 a6ed 'Saa MDOOUL'H L199-61, 8 Wall LpueBv 6l OZ 'ZZ rp-dy- uo!ss!w4o 6UIUUBld 0 _5`®��� m.,..•w..,.n �..yn. - - - - .v �..vu. n,`�!}� i ,.w..van.'m.pomv-,m�� fr4'�+,U,,tU.+,,n.�..'.d.Svn+w0,,.(,n3..p.,v,a1��,T-..�O+m.gSo.nSw,N�/ w'„ ..� .. .9 n. :UN3931 ----------- : ip, 88- , + ...........6 23 P i R ---------- tF NtR g 9 S. Utq Agenda Item 8 19-6617 Hancock Res. Page 7 of 9 Agenda Item 8 19-6617 Hancock Res. Page 8 of 9 Agenda Item 8 19-6617 Hancock Res. Page 9 of 9 RECEIVED 1JUJfl 112 2019 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE N�RTH�IEST ARKANSAS Democrat azette P.O. F0)( $ 07. AYETTEVI E. ARrf G" 12 , .79 4: 2•.700 > FAX: 79 1 ;':4°u"r'r.:..1,WADG.00 1 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. 6188 Was inserted in the Regular Edition on: June 6, 2019 Publication Charges: $ 88.40 Cathy St s Subscribed and sworn to before me This 7 day of� 2019. Notary Public .�/� My Commission Expires: 7/�- `CATHY WILES ' Arkansas - Benton County Notary Public - Comms` 12397118 My Commission Expirem Feb 20. 20?.1 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6188 File Number: 2019-0270 VAC 19-6617 (4661 N. COPPER CREEK DRIVE): AN ORDINANCE TO APPROVE" VAC 19- 6617 FOR PROPERTY LOCATED AT 4661 NORTH COPPER CREEK DRIVE TO VACATE A PORTION OF A GENERAL 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 a 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. File Number: 2019-0270 Ordinance 6188 PASSED and APPROVED on 5/21/2019 Approved: Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 74963711 June 6, 2019