HomeMy WebLinkAboutORDINANCE 6235A
A NS PS
113 West Mountain Street
Fayetteville.. AR 72701
(479) 575-8323
Ordinance: 6235
File Number: 2019-0555
I III II I I II I II I I III I I II IIID VIII VIII VIII III II
Doc ID: 018835930004 Type: REL
Kind: ORDINANCE
Recorded: 10/04/2019 at 11:22:27 AM
Fee Amt: $30.00 Paqe 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2019-00030354
VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS
HOSPITALITY):
AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF
WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN
ELECTRICAL EASEMENT AND 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 portions of an electrical
easement and a utility easement are 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 the portions of
an electrical easement and a general utility easement as described in Exhibit B attached to the Planning
Department's agenda 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:
Page 1 Printed on 9/19/19
I
File Number: 2019-0555
Ordinance 6235
A. That any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
B. An additional easement shall be dedicated along Pam Angus Drive towards the public
right-of-way, converting the drainage easement to a general utility easement.
PASSED and APPROVED on 9/17/2019
Attest:
``MikJn11 r11111fJRK/��
�.� may C I T y •��'''.
Lisa Branson, Deputy City C&9'. y el,'14
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Page 2 Printed on 9119119
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EXHIBIT 'B'
19-6782
EASEMENT VACATION DESCRIPTION:
PART OF LOTS 4 AND 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE
WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N55°47'54"E A
DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING; THENCE N34°13'28"W A DISTANCE OF
204.01 FEET; THENCE N55°48'06"E A DISTANCE OF 20.00 FEET; THENCE S34°13'28"E A DISTANCE OF
204.01 FEET; THENCE S55°47'54"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,080 SQ.FT., MORE OR LESS.
EASEMENT VACATION DESCRIPTION (EASTERN ST
PART OF LOT 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE WASHINGTON
COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N34°13'31"W A
DISTANCE OF 40.00 FEET; THENCE N55°47'54"E A DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING; THENCE N34°13'31"W A DISTANCE OF 182.37 FEET; THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 101.95 FEET, AN ARC LENGTH OF 23.74 FEET AND A CHORD BEARING &
DISTANCE OF N27°33'10"W A DISTANCE OF 23.69 FEET; THENCE N63°00'30"E A DISTANCE OF 5.03 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 96.95 FEET, AN ARC LENGTH OF 23.12 FEET
AND A CHORD BEARING & DISTANCE OF S27°23'40"E- 23.06 FEET; THENCE S34°13'31"E A DISTANCE OF
182.37 FEET; THENCE S55°47'54"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,029 SQ.FT., MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
10/04/2019 11:22:27 AM
and recorded in Real Estate
File Number 2019 0030354
Kyle Sylvester - ' pit Clerk
b,
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
--- File Number: 2019-0555
Agenda Date: 9/17/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 7
VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY):
AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF
WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN
ELECTRICAL EASEMENT AND 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 portions of an electrical easement
and a utility easement are 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 the portions of an
electrical easement and a general utility easement as described in Exhibit B attached to the Planning
Department's agenda 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:
A. That any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
B. An additional easement shall be dedicated along Pam Angus Drive towards the public right-of-way,
converting the drainage easement to a general utility easement.
City of Fayetteville, Arkansas Paye 1 Printed on 9119/2019
City of Fayetteville Staff Review Form
2019-0555
Legistar File ID
9/17/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 8/30/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 19-6782: Vacation (SE OF W. MCMILLAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY, 441): Submitted by
ENGINEERING SERVICES, INC. for property located SE OF W. MCMILLAN DR. & N. PAM ANGUS DR. The properties
are zoned UT, URBAN THOROUGHFARE and contain approximately 0.12 acres. The request is to vacate a portion of
one electrical and one general utility easement.
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:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
0
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 17, 2019
TO: Mayor; Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: August 30, 2019
CITY COUNCIL MEMO
SUBJECT: VAC 19-6782: Vacation (SE OF W. MCMILLAN DR. & N. PAM ANGUS
DR./SPRINGS HOSPITALITY, 441): Submitted by ENGINEERING SERVICES,
INC. for property located SE OF W. MCMILLAN DR. & N. PAM ANGUS DR. The
properties are zoned UT, URBAN THOROUGHFARE and contain approximately
0.12 acres. The request is to vacate a portion of one electrical and one general
utility easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 19-6782 as shown in the attached
Exhibits `A' and `B' and with the following conditions of approval:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
2. Additional easement shall be dedicated along Pam Angus Drive towards the public right-
of-way, converting the drainage easement to a general utility easement.
BACKGROUND:
The subject property includes a portion of two lots located southeast of McMillan and Pam Angus
Drives, near the interchange of Wedington and Interstate 49. These lots were platted with the
McMillan Estates subdivision in 2002 and are currently undeveloped. In March of 2019, a
development application was submitted for a hotel on the subject property.
Proposal: As a part of a development currently under review, the applicant proposes to vacate
potions of two existing easements. The first is a general utility easement that bisects the subject
property from northwest to southeast and was platted on the property line between Lots 4 and 6
of McMillan Estates. The second is the northeastern half of an electrical easement that parallels
Pam Angus Drive and conflicts with the developer's ability to locate a proposed hotel within the
build -to zone.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
At the August 26, 2019 Planning Commission, this item was forwarded as part of the consent
agenda to City Council with a recommendation for approval, with all conditions as recommended
by staff.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
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EXHIBIT 'B'
19-6782
EASEMENT VACATION DESCRIPTION:
PART OF LOTS 4 AND 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE
WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE NS5°47'54"E A
DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING; THENCE N34'13'28"W A DISTANCE OF
204.01 FEET; THENCE N55°48'06"E A DISTANCE OF 20.00 FEET; THENCE S34°13'28"E A DISTANCE OF
204.01 FEET; THENCE S55°47'54"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 4,080 SQ.FT., MORE OR LESS.
EASEMENT VACATION DESCRIPTION (EASTERN 5'):
PART OF LOT 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE WASHINGTON
COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N34°13'31"W A
DISTANCE OF 40.00 FEET; THENCE N55°47'54"EA DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING; THENCE N34°13'31"W A DISTANCE OF 182.37 FEET; THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 101.95 FEET, AN ARC LENGTH OF 23.74 FEET AND A CHORD BEARING &
DISTANCE OF N27°33'10"W A DISTANCE OF 23.69 FEET; THENCE N63°00130"E A DISTANCE OF 5.03 FEET;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 96.95 FEET, AN ARC LENGTH OF 23.12 FEET
AND A CHORD BEARING & DISTANCE OF S27°23'40"E - 23.06 FEET; THENCE S34°13'31"E A DISTANCE OF
182.37 FEET; THENCE S55°47'54"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,029 SQ.FT., MORE OR LESS.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: August 26, 2019 (Updated with Planning Commission Results)
SUBJECT: VAC 19-6782: Vacation (SE OF W. MCMILLAN DR. & N. PAM ANGUS
DR./SPRINGS HOSPITALITY, 441): Submitted by ENGINEERING
SERVICES, INC. for property located SE OF W. MCMILLAN DR. & N. PAM
ANGUS DR. The properties are zoned UT, URBAN THOROUGHFARE
and contain approximately 0.12 acres. The request is to vacate a portion
of one electrical and one general utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 19-6782 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 19-6782 to City Council with a recommendation for approval with the
conditions as recommended by staff."
BACKGROUND:
The subject property includes a portion of two lots located southeast of McMillan and Pam Angus
Drives, near the interchange of Wedington and Interstate 49. These lots were platted with the
McMillan Estates subdivision in 2002 and are currently undeveloped. Surrounding land use and
zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoninq
Direction
Land Use
Zoning
North
Single-family Residential
UT, Urban Thoroughfare
South
Single-family Residential
RSF-4, Residential Single-family, 4 Units perAcre
West
Pond (Starr Lake SD POA Property)
UT, Urban Thoroughfare;
P-1, Institutional
East
Single-family Residential
UT, Urban Thoroughfare;
RSF-4, Residential Single-family, 4 Units per Acre
Proposal: As a part of a development currently under review, the applicant proposes to vacate
potions of two existing easements. The first is a general utility easement that bisects the subject
property from northwest to southeast and was platted on the property line between Lots 4 and 6
of McMillan Estates. The second is the northeastern half of an electrical easement that parallels
Pam Angus Drive and conflicts with the developer's ability to locate a proposed hotel within the
build -to zone.
Planning Commission
August 26, 2019
Agenda Item 3
19-6782 Springs Hospitality
Page 1 of 9
DISCUSSION:
Vacation Approval: 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 and no comment
AEP/SWEPCO No objections, provided the utility easement
along Pam Angus is expanded by converting
the existing drainage easement in to a
general utility easement.
BlackHills 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 No objections and no comment.
Transportation No objections and no comment.
Public Comment:
The property owner to the south and east of this property has contacted staff inquiring whether
this will impact their ability to be served by utilities in the future. Staff advised that underground
electrical infrastructure associated with the electrical easement will remain in place along Pam
Angus and the proposed utility easement vacation will not remove easement abutting any off-site
property lines.
RECOMMENDATION: Staff recommends forwarding VAC 19-6782 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; and
2. Additional easement shall be dedicated along Pam Angus Drive towards the public right-
of-way, converting the drainage easement to a general utility easement.
Planning Commission
G:\ETC\Development Services Review\2019\Development Services\19-6782 VAC August 26, 2019
SE of McMillan Dr. & Pam Angus Dr. (Springs Hospitality) 441\03 Planning Commission\08-26-2019 Agenda Item 3
19-6782 Springs Hospitality
Page 2 of 9
PLANNING COMMISSION ACTION: Required YES
Date: August 26, 2019 M Tabled ® Forwarded O Denied
Motion: Winston, as recommended by staff, on the consent agenda.
ISecond:Johnson
Vote: 7-0-
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
G:\ETC\Development Services Review\2019\Development Services\19-6782 VAC August 26, 2019
SE of McMillan Dr. & Pam Angus Dr. (Springs Hospitality) 441\03 Planning Commission\08-26-2019 Agenda Item 3
19-6782 Springs Hospitality
Page 3 of 9
VAC 19-6782
Petition to Vacate
PETITION TO VACATE AN easement LOCATED IN lots 4 and hof McMillan Estates Sttbditision, 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 easement hereinafter sought to be
abandoned and vacated, lying in lots 4 and 6 of 161illan Estates Subdivision, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate an easement which is described as follows:
PART OF LOTS 4 AND 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK
23 PAGE 33 OF THE WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE
N55047'54"E A DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING; "THENCE N34113'28"W A
DISTANCE OF 204.01 FEET; THENCE N55148106"E A DISTANCE OF 20.00 FEET; THENCE
S34013'28"E A DISTANCE OF 204.01 FEET; THENCE S5514754"W A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 4,080 SQ.FT., MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement are lots 4 and 6 ofMcSfillan Estates
Subdivision of each adjoining lot to the area requested to be vacated City of Fayetteville 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 easement.
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 casements 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 he vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above 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 for the use of said alley.
Dated this 17 day of July, 2019
c-� jj//
f'tt3'iS 14059 --p 1- LLC
Printed Name
�j
�G +
Signature
4Ae � e'19 tkA A oefd /3lCr/s9Z3
Printed Name
Signature
Planning Commission
August 26, 2019
Agenda Item 3
19-6782 Springs Hospitality
Page 4 of 9
PETITION TO VACATE AN easement LOCATED IN lot 6 of McMillan Estates Subdivision, 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 easement hereinafter sought to be
abandoned and vacated, lying in lot 6 of McMillan Estates Subdivision, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
PART OF LOT 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF
THE WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE
N34013131"W A DISTANCE OF 40.00 FEET; THENCE N55°47'54"E A DISTANCE OF 25.00 FEET TO
THE POINT OF BEGINNING; THENCE N34013131"W A DISTANCE OF 182.37 FEET; THENCE
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 101.95 FEET, AN ARC LENGTH OF 23.74
FEET AND A CHORD BEARING & DISTANCE OF N27033110"W A DISTANCE OF 23.69 FEET;
THENCE N63000130"E A DISTANCE OF 5.03 FEET; THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 96.95 FEET, AN ARC LENGTH OF 23.12 FEET AND A CHORD BEARING&
DISTANCE OF S27023140"E — 23.06 FEET; THENCE S34°13'31"E A DISTANCE OFI82.37 FEET;
THENCE S55047'54"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING
1,029 SQ.FT., MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement is lot 6 of A&Wllan Estates Subdivision
of each adjoining lot to the area requested to be vacated City of Fayetteville 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 easement.
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.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above 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 for the use of said alley.
Dated this 17 day of July 2039. ,�lj�i�s //OSP! t3 U`1 ZL G
Printed Name
Signature
Planning Commission
August 26, 2019
Agenda Item 3
19-6782 Springs Hospitality
Page 5 of 9
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Agenda Item 3
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Agenda Item 3
19-6782 Springs Hospitality
Page 7 of 9
VAC19-6782 SPRINGS HOSPITALITY
Current Land Use
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Agenda Item 3
19-6782 Springs Hospitality
Page 9 of 9
RECEIVED
CCT 04 2019
CITY OF FQYMi f EVILLE
NORTHWEST ARKANSAS CITY 111RK'S OFFICE
vem®ct -6mazette
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. 6235
Was inserted in the Regular Edition on:
September 26, 2019
Publication Charges: 105.30
Cathy Ts
Subscribed and sworn to before me
This 3D day of Ste—, 2019.
&V [A�&
Notary Public J _ I�,
My Commission Expires: i� I �?
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6235
File Number: 2019-0555
VAC 19-6782 (SE OF W. MCMILLIAN DR. &
N. PAM ANGUS DR./SPRINGS
HOSPITALITY):
AN ORDINANCE TO APPROVE VAC 19-
6782 FOR PROPERTY LOCATED
SOUTHEAST OF WEST MCMILLAN DRIVE
AND NORTH PAM ANGUS DRIVE TO
VACATE PORTIONS OF AN ELECTRICAL
EASEMENT AND 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 portions of an
electrical easement and a utility easement are 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 the
portions of an electrical easement and a general
utility easement as described in Exhibit B
attached to the Planning Department's agenda
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:
A. That any relocation of or damage to
existing utilities or existing facilities shall be at
the owner/developer's expense.
B. An additional easement shall be
dedicated along Pam Angus Drive towards the
public right-of-way, converting the drainage
easement to a general utility easement.
PASSED and APPROVED on 9/17/2019
Jordan, Mayor
Lisa Branson, Deputy City Clerk
75096255 Sept. 26, 2019