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Home My WebLink AboutOrdinance 6346.4 ARCHIVED i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 019394460004 Type: REL Kind: ORDINANCE Recorded: 08/25/2020 at 11:57:12 AM 113 West Mountain Street Fee Amt : $30.00 Page 1 of 4 Fayetteville, AR 72701 Washington County, AR Y Kyle Sylvester Circuit Clerk (479)575-8323 File2020_00029736 Ordinance: 6346 File Number: 2020-0605 VAC 20-7137 (1468 S. COOPERS COVE/THARP-CAVANAUGH): AN ORDINANCE TO APPROVE VAC 20-7137 FOR PROPERTY LOCATED AT 1468 SOUTH COOPERS COVE 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 general utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of 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. PASSED and APPROVED on 8/4/2020 Page 1 Printed on &WO Ordinance. 6346 File Number 2020-0605 Attest: Ii�rrrrrr�i i FA YETTEV��LE Kara Paxton, City Clerk Treasurer ; . r y S •. �. Page 2 Pdnw on 8/ M VAC20-7137 THARP-CAVANAUGH Close Up View -GOFF-FARM•RD, Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint RSF-1 \COOPER` e Subject Property RSF-4 Feet 0 75 150 300 450 1 inch = 200 feet EXHIBIT 'A' 20-7137 V-SS•I\ILL-DR. Q� IPEBBLFe ti o� SPAN A& - NORTH Residential -Agricultural RSF-1 RSF-4 EXHIBIT 'B' 20-7137 Bates Associa'ies,inc. Civil Engineering - Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville. AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www.batesnwa.com May 15, 2020 RE: Legal description of a portion of a 25' utility easement to be vacated at 1468 S. Coopers Cove: A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72°43'14"E 25.90' AND SI7°16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF S37020'45"W 59.00', THENCE N37020'01 "W 10.04', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE OF N3703948"E 52.91', THENCE S72043'14"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 571.63 SQUARE FEET. Washington County, AR I certify this instrument was filed on 08/25/2020 11:57:12 AM and recorded in Real Estate File Number 2020-00029736 Kyle Sylvester - Circuit Clerk by --= f City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 t Text File File Number: 2020-0605 Agenda Date: 8/4/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 7 VAC 20-7137 (1468 S. COOPERS COVE/THARP-CAVANAUGH): AN ORDINANCE TO APPROVE VAC 20-7137 FOR PROPERTY LOCATED AT 1468 SOUTH COOPERS COVE 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 general utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of 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 Page 1 Printed on 81512020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0605 Legistar File ID 8/4/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 20-7137: Vacation (1468 S. COOPERS COVE/THARP-CAVANAUGH, 607): Submitted by BATES & ASSOCIATES, INC. for property located at 1468 S. COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.01 acres. The request is to vacate a portion of a general utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title !$ _ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: �a CITY OF 4A FAYETTEVILLE ARKANSAS MEETING OF AUGUST 4, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner DATE: July 17, 2020 CITY COUNCIL MEMO SUBJECT: VAC 20-7137: Vacation (1468 S. COOPERS COVE/THARP-CAVANAUGH, 607): Submitted by BATES & ASSOCIATES, INC. for property located at 1468 S. COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.01 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 20-7137 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is undeveloped and located at the north end of Coopers Cove within the Crescent Lake Subdivision, which was platted in late 2005. The property is zoned RSF-4, Residential Single-family, 4 Units per Acre, contains approximately 0.01 acres, and is part of a larger 0.38 acre residential lot. The lot is encumbered by a few features, including setbacks, utility easements, floodplain, and the Streamside Protection Zone ordinance adopted in 2011. The applicant proposes to vacate a portion of the utility easement overlaying the subject property. This vacation is in preparation for a future single-family home on the property. DISCUSSION: At the July 13, 2020 Planning Commission meeting, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval and the condition as recommended by staff. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC20-7137 Close Up View R-A • GOFF FARM RD Legend ' Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint THARP-CAVANAUGH RSF4 \cOOPEFese Subject Property RS F-J EXHIBIT 'A' 20-7137 S NILL-D!?. Q� IPESBLFp P SPAN A& NORTH ZW Residential -Agricultural Feet RSF-1 RSF-4 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT'13' 20-7137 Bates �o Associates,inc. Civil Engineering - Land Surveying - Landscape Architecture 7230 S Pleasant Ridge Dr. Fayetteville. AR 72704 PK 479-442-9350 ' FAX: 479-521-9350 www batesnwa.com May 15, 2020 RE: Legal description of a portion of a 25' utility easement to be vacated at 1468 S. Coopers Cove: A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72°43'14"E 25.90' AND S 17° 16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF S37020'45"W 59.00', THENCE N37020'O1 "W 10.04', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE OF N3703948"E 52.91', THENCE S72043'14"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 571.63 SQUARE FEET. CITY OF t FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner MEETING DATE: July 13, 2020 UPDATED W PC RESULTS SUBJECT: VAC 20-7137: Vacation (1468 S. COOPERS COVE/THARP- CAVANAUGH, 607): Submitted by BATES & ASSOCIATES, INC. for property located at 1468 S. COOPERS COVE. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.38 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 20-7137 to City Council recommending approval with the following conditions. RECOMMENDED MOTION: "I move to forward VAC 20-7137 to City Council recommending approval with all conditions as recommended by staff." BACKGROUND: The subject property is located at 1468 Coopers Cove at the end of Coopers Cove within the Crescent Lake Subdivision, which was platted in late 2005. The property is zoned RSF-4, Residential Single-family, 4 Units per Acre, contains approximately 0.38 acres, and is currently undeveloped. The lot is encumbered by a few features, including setbacks, utility easements, floodplain, and the Streamside Protection Zone ordinance adopted in 2011. Surrounding zoning and land uses are listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential; Undeveloped RSF-4, Residential Single-family, 4 Units perAcre South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Sin le-famil Residential; Undeveloped I RSF-4, Residential Single-family, 4 Units per Acre Proposal: The applicant proposes to vacate a portion of an existing general utility easement. The portion is about 570 square feet near the front of the property along Coopers Cove. This vacation is in preparation for a future single-family home on the property. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses: Utility Cox Communications AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Response Any damage or relocation of existing facilities will be at the applicant's expense. No comment and no objections. No comment and no objections. No comment and no objections. No comment and no objections. Response No comment and no objections. No comment. Transportation No comment. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 20-7137 to City Council recommending approval with the following conditions. Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. PLANNING COMMISSION ACTION: Required YES Date: July 13, 2020 O Tabled 0 Forwarded O Denied Motion: Winston Motion to forward to CC recommending approval, as a part of consent agenda Second: Belden Motion passed Vote: 8-0-0 GAETC\Development Services Review\2020\Development Services\20-7137 VAC 1468 S. Coopers Cove (Tharp -Cavanaugh) 607\ BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • Legal Description • One Mile Map • Close-up Map • Current Land Use Map GAETC\Development Services Review\2020\Development Services\20-7137 VAC 1468 S. Coopers Cove (Tharp -Cavanaugh) 607\ PETITION TO VACATE A PORTION OF A 25' UTILITY EASEMENT LOCATED ON A PART OF LOT 13 OF CRESCENT LAKE 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 UTILITY EASEMENT, hereinafter sought to be abandoned and vacated, ON A PART OF LOT 13 OF CRESCENT LAKE SUBDIVISION, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of a 25' UTILITY EASEMENT which is described as follows: A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72'43'14"E 25.90' AND S17°16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF S3r20'45'W 59.00', THENCE N37"20'01'W 10.04', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE OF N3r39'48"E 52.91', THENCE S72°43'14"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 571.63 SQUARE FEET. That the abutting real estate affected by said abandonment of the PORTION OF THE 25' UTILITY EASEMENT LOCATED ON A PART OF LOT 13 OF CRESCENT LAKE 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 25' UTILITY EASEMENT LOCATED ON A PART OF LOT 13 OF CRESCENT LAKE 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. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described UTILITY EASEMENT. Dated this I y day of M a 2020. Printed Name Printed Name '.i ALA OL Signature vt� _ Signature( P UTILITY EASEMENT VACATION EXHIBIT I'RINY)NtU NIUIW al K � T IIYI I srxmlcaweaRcrnL I m fPILALi-M NW Y ;INI Nr A HLKI D K N 4\UN t IN 4 IOC •.\Ll lH iU 1 I IU Nt— N (lt 111 \N \I Nf 111 tll I I Y \ AI \ I,r\ N!')1'LYI'v:I i�rlr\1 Alwl\f l'NI V'I♦II 111L1 / N M"11 •\I r / RI rIRI \t ( INN'I Nh\TS / N 41 YI AI Ut I'kt N'hN I..nkt / h ILLU I\ Ik NVK `) 11 I•.\I,k I�'•I / ��N'aNNANIv urroln lu IN / kINM :n Is U Y4Ot nxU: / Iot�TaI L\KI. rat t..\\L hu to IN n'7 wa. �nl..I rN.h .ulJ nnn xnrn �,=.0 r.u.t nN. '/ N 1 ronhu A— r j / / / / 1I u. nno st nlncne / hR T Ln / NL\x N M I hl 1 IU I 4K y tx I \ 1 \ L Al 1 L. 11:\T I k1 IIT' W \. NI ItILIT TU .1lL PNxrN NI\I.k \I. A"" 1-11.11101,11 TOTAL ACREAGE LOT 13 PARCEL #765-24782-000 < 16013. 13 S0. FT. 0.34 ACRES +/— � / i � nrbt� � ao• � HOUSL I I, r of+vi'rin / t' RHII I I I '1I I U RI 'lI to A -I k I. A -I. -AYAN IN l Kk. 1 11 IN 111A N 1 I'. —All 1 6Lt INNI\ i PII'T NIII 111 '1 L \\I In WI t0. NANI\ITIW RI BAR 1 RAI\: THI \ N\ N i I NRI'\NI illl\ h V 1 1 NI IIT NU A, I_ . n\I)II\T\\III wr TH1w1 \ I N In(Y•TNr\1`1)N U\U.\(I N1'1 Ill THh 11h III IM•\NAINI'slY tslxv l(rN AW'NV1kUkl\NI\(r n\UNI• UI�TANI'h IN ♦r'IrJKl �. rl iHl\�1-11IJ•11Urn Tr\rH11lN\TIU N(UI\\I\I. ITr\TNNI\I:.)I ur \YJI.!1Rt hlhl NI I'111 1(I N'>I11 rN rN I IU IIIvs CUIrNN IIr N,Ir1.1k1 IN(NA UII\IHVhiI l VIUI u'I fr\I k I III II\ I I. 1 1 1: \ IIIIS I. \� LI. LN "N 1 h 'I UL V LNIrUII1 kI1 rN IIr IN rIN( \\t I1 Yhl rh\I A\':\IIU\ I.k )t 4rNk 111111\ 11nt�N\11L vrl\I\I III\I WLNL NIN NIIIN ♦Ir\ IIII�YL41 w 1 tN'I HIIIII In W VN 11UNL IIIIl PkNAIR11\ IIN,\ILUNIIIN,I IIlIU llrnl. I Ut l A,,( hU x\ I'll N.\I1UnAL 11IwrU INl1.N.\Nl-t YNIN,N \Kl hl, w.I: 'IIPANI k111 NA-11 NA\III111—N I'(k'NI\ nNk1\1,\\ ItIkN PANh1-U IJN U.411 Un1111 Usr In iwnl 0' 20 4 i' Il IN] I1' KIAP l N.~.� _4 tl1xw�� Y to f tt F- ) r S "--associates, Jac. Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www.batesnwa.com May 15, 2020 RE: Legal description of portion of a 25' utility easement to be vacated at 1468 S. Coopers Cove: A PORTION OF AN EXISTING 25' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 13, CRESCENT LAKE SUBDIVISION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT RECORD 23 AT PAGE 189, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S72°43'14"E 25.90' AND S 17° 16'46"W 10.00' FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 13 AND RUNNING THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 85.00' FOR A CHORD BEARING AND DISTANCE OF S37020'45"W 59.00', THENCE N37020'01 "W 10.04', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 75.00' FOR A CHORD BEARING AND DISTANCE OF N37039'48"E 52.91', THENCE S72043'14"E I0.00' TO THE POINT OF BEGINNING, CONTAINING 571.63 SQUARE FEET. VAC20-7137 One Mile View �01 0 THARP-CAVANAUGH 0 0.125 0.25 0.5 Miles i TS �i<<F RSI-7 'QO RSF-1 a RSF-4 I� Subject Property Legend Planning Area ;- - - Fayetteville City Limits Planning Area Trail (Proposed) Fayetteville City Limits RW-24 ---------- L-------J RESIDE NTIALSINGLE—MILY EXTRACTION jai-u COMMERCIAL � ai ...e.iai Cnee B� RSi BAR pi-yrsuaurai �C �C FORM BASED dsTRICTs �oa« asf a RESIDEN MULTIFAMILY �aeIE-DZ fi-NG—Mrena, PLANNED ZONING psTRM:T9 —Rune 1-cum . . "a.a—�. uz 1♦ RrXr i. �RNT IISnTUTIONAL �>a ro IxousrAL I VAC20-7137 Close Up View R-A [GOFF-FARM RD Legend ' ' Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint THARP-CAVANAUGH RIII -1 \cOOPEv's e Subject Property RSF-4 Feet 0 75 150 300 450 1 inch = 200 feet .�� SPAN A& - NORTH Residential -Agricultural RSF-1 RSF-4 VAC20-7137 THARP-CAVANAUGH Current Land Use JF, y r y 1 1 Single -Family Residential a CO Subject Property Undeveloped — i Single -Family Residential r Planning Area Fayetteville City Limits Feet 0 30 60 120 180 240 1 inch = 90 feet Fir 1ITIMS �4 LWA. FEMA Flood Hazard Data too -Year Floodplain Floodway NORTHWEST ARKANSAS Ordinance:6346 >~ File Number: 2020-0605 1eniocrat (tar::; 3aze '- VAC 20-7137(1468 S.COOPERS �_�` COVEIrHARP-CAVANAUGH): - - - . --- AN ORDINANCE TO APPROVE VAC P.0 2C) ct;�; -;; 'E?`L'.'tlLE,i F.,7270?• 42-1700•FAX't79 095-)1'S• 1"c71'114`:,aoc COM 20-7137 FOR PROPERTY LOCATED AT 1468 SOUTH COOPERS COVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT WHEREAS,the City Council has the AFFIDAVIT OF PUBLICATION authority under A.C.A.§ 14-54-104 to vacate public grounds or portions thereof which are not required for corporate I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the WHEREAS the City Council has Northwest Arkansas Democrat-Gazette,a daily newspaper printed and determined that the following described published in said County, State of Arkansas; that I was so related to this portion of general utility easement is not required for corporate purposes. publication at and during the publication of the annexed legal advertisement NOW,THEREFORE,BE IT the matter of: Notice pending in the Court, in said County, and at the dates of ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, the several publications of said advertisement stated below, and that during said ARKANSAS: periods and at said dates, said newspaper was printed and had a bona fide Section 1: That the City Council of the City of Fayetteville,Arkansas hereby circulation in said County; that said newspaper had been regularly printed and vacates the portion of general utility published in said County, and had a bona fide circulation therein for the period of cat ached to the Plann ngi Dep tbit artmeent's one month before the date of the first publication of said advertisement; and that memo- said advertisement was published in the regular daily issues of said newspaper Section 2:A copy of this Ordinance duly certified by the City Clerk along with the as stated below, map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington City of Fayetteville County Circuit Clerk. Ord 6346 Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall beat Was inserted in the Regular Edition on: the owner/developer's expense. August 9, 2020 PASSED and APPROVED on 8/4/2020 Approved: Lioneld Jordan,Mayor Publication Charges: $98.80 Attest: Kara Paxton,City Clerk Treasurer 75305761 Aug 9,2020 geiaq sm' Brittany Smith Subscribed and sworn to before me This tZday off Orr,, 2020. s 2-112 '« GUh4ti�; : y rr yr Notary Public My Commission Expires: Z2giZbZ 'r **NOTE** Please do not pay from Affidavit. Invoice will be sent.