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HomeMy WebLinkAboutOrdinance 6355I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019438930004 Type: REL Kind: ORDINANCE Recorded: 09/16/2020 at 11:52:15 AM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR = Kyle Sylvester Circuit Clerk File202O-00033091 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6355 File Number: 2020-0685 VAC 20-7184 (2160 N. RUPPLE RD./HAZEN-COF): AN ORDINANCE TO APPROVE VAC 20-7184 FOR PROPERTY LOCATED AT 2160 NORTH RUPPLE ROAD TO VACATE A PORTION OF STREET RIGHT-OF-WAY 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 street right-of-way 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 street right-of-way 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 following conditions: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. Dedication of gas easement shall be completed along the western edge of Rupple Road to accommodate gas line relocation as shown in the attached gas easement exhibit. Page 1 Printed on 912120 Ordinance. 6355 File Number: 2020-0685 3. Access easement dedication shall be completed as shown in the attached access easement exhibit. General utility easement dedication shall replace the location of the proposed right-of-way vacation to serve existing public water and sewer infrastructure. PASSED and APPROVED on 9/l/2020 Attest: �ERKr� T r���i O . s v. .G . FAYE7?EVILLE :�= Kara Paxton, City Clerk Treasurer I. �O�N� OvN���`��` Page 2 Printed on 912120 20-7184 EXHIBIT 'B' Part of the NE% of the SE% of Section 1, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the NE% of the SE% of Section 1, Township 16 North, Range 31 West, and running thence N 86°59'04" W 697.70 feet and N 03°00'56" E 174.00 feet to the Point of Beginning; thence N 14°59'45" E 140.16 feet; thence N 01°43'31" E 216.75 feet; thence N 00°44'47" E 265.46 feet; thence N 03'17'02" E 108.46 feet; thence N 01°37'17" W 127.50 feet; thence N 12°30'18"W 53.75 feet; thence N 77°54'28" W 100 feet; thence S 88°49'02" E 306.37 feet; thence S 70°39'34" W 70.76 feet; thence along a curve to the left having a radius of 95.00 feet, an arc length of 103.515 feet, a delta of 60°18'41", and a chord bearing and distance of S 39°26'39" W 98.47 feet; thence S 08°13'43" W 52.57 feet; thence S 05'56'05" W 123.24 feet; thence S 00°46'04" W 295.85 feet; thence S 01°40'21" W 217.17 feet; thence along a curve to the right having a radius of 475.00 feet, an arc length of 40.96 feet, a delta of 4°56'24", and a chord bearing and distance of S 04'08'33"W 40.94 feet; thence S 45°48'55"W 18.25 feet; thence along a curve to the left having a radius of 655.50 feet, an arc length of 106.08 feet, a delta of 9°16'20" and a chord bearing and distance of S 41°10'45" W 105.96 feet to the point of beginning, containing 51,869 square feet or 1.19 acres, more or less. i Washington County, AR I certify this instrument was filed on 09/16/2020 11:52:15 AM and recorded in Real Estate File Number 2020-00033091 Kyle Sylvester - Circuit Clerk by -- = 113WestMountainStreet City of Fayetteville, Arkansas Fayetteville, AR 72701 --�_ i - (479) 575-8323 Text File = ' File Number: 2020-0685 Agenda Date: 9/1/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 10 VAC 20-7184 (2160 N. RUPPLE RD./HAZEN-COF): AN ORDINANCE TO APPROVE VAC 20-7184 FOR PROPERTY LOCATED AT 2160 NORTH RUPPLE ROAD TO VACATE A PORTION OF STREET RIGHT-OF-WAY 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 street right-of-way 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 street right-of-way 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 following conditions: l . Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. Dedication of gas easement shall be completed along the western edge of Rupple Road to accommodate gas line relocation as shown in the attached gas easement exhibit. 3. Access easement dedication shall be completed as shown in the attached access easement exhibit. 4. General utility easement dedication shall replace the location of the proposed right-of-way vacation to serve existing public water and sewer infrastructure. City ofFayeffeville, Arkansas page 1 Printed on 91212020 City of Fayetteville Staff Review Form 2020-0685 Legistar File ID 9/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/14/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 20-7184: Vacation (2160 N. RUPPLE RD./HAZEN-COF, 361): Submitted by THE CITY OF FAYETTEVILLE for property located at 2160 N. RUPPLE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and CS, COMMUNITY SERVICES and contain approximately 1.19 acres. The request is to vacate a portion of a street right-of-way. Account Number Project Number Budgeted Item? NA Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title 5 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 1, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: August 14, 2020 CITY COUNCIL MEMO SUBJECT: VAC 20-7184: Vacation (2160 N. RUPPLE RD./HAZEN-COF, 361): Submitted by THE CITY OF FAYETTEVILLE for property located at 2160 N. RUPPLE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and CS, COMMUNITY SERVICES and contain approximately 1.19 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 20-7184 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense 2. Dedication of gas easement shall be completed along the western edge of Rupple Road to accommodate gas line relocation as shown in the attached gas easement exhibit; 3. Access easement dedication shall be completed as shown in the attached access easement exhibit; and 4. General utility easement dedication shall replace the location of the proposed right-of-way vacation to serve existing public water and sewer infrastructure. BACKGROUND: The subject property includes 1.19 acres along the former alignment of Rupple Road, extending approximately 900 feet south from Mount Comfort near the Mount Comfort Cemetery. As part of the City's bond program, traffic flow from the subject property was relocated to a realigned Rupple Road that now intersects Mount Comfort at a signalized intersection to the east. Request: The City of Fayetteville, as representative for the applicants, James and Judith Hazen, proposes to vacate approximately 900 linear feet of public right-of-way, totaling 1.19 acres along Rupple Road's former alignment and as indicated in the attached exhibits. Staff supports the request given that the previous alignment of Rupple Road is no longer needed or functional. With construction of the new alignment, the property proposed for vacation saw all pavement removed Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 from the Hamestring Creek crossing south. As such, it does not provide connectivity. The remaining paved portion will provide access to the adjacent properties. DISCUSSION: At the August 10, 2020 Planning Commission meeting, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval and the conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC20-7184 HAZEN-COF Close Up View Rtif-a 0 Y RSP-1 W W 1 U `—MOUNT•COMFORT- RD <S n WI.-s , , , A STARRY- NIGHT -VW ' Subject Property Legend ' Planning Area Fayetteville City Limits Feet Trail (Proposed) 0 112.5 225 450 675 Building Footprint 1 inch = 300 feet WE 20-7184 EXHIBIT 'A' A& NORTH Residential -Agricultural RSF-1 RSF-4 RSF-8 Community Services Commercial, Industrial, Residential EXHIBIT 'B' Part of the NE% ofthe SE% of Section 1, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the NE% of the SE% of Section 1, Township 16 North, Range 31 West, and running thence N 86°59'04" W 697.70 feet and N 03°00'56" E 174.00 feet to the Point of Beginning; thence N 14°59'45" E 140.16 feet; thence N 01°43'31" E 216.75 feet; thence N 00°44'47" E 265.46 feet; thence N 03°17'02" E 108.46 feet; thence N 01°37'17" W 127.50 feet; thence N 12°30'18"W 53.75 feet; thence N 77°54'28" W 100 feet; thence S 88°49'02" E 306.37 feet; thence S 70°39'34" W 70.76 feet; thence along a curve to the left having a radius of 95.00 feet, an arc length of 103.515 feet, a delta of 60°18'41", and a chord bearing and distance of S 39°26'39" W 98.47 feet; thence S 08°13'43" W 52.57 feet; thence S 05°56'05" W 123.24 feet; thence S 00'46'04" W 295.85 feet; thence S 01'40'21" W 217.17 feet; thence along a curve to the right having a radius of 475.00 feet, an arc length of 40.96 feet, a delta of 4°56'24", and a chord bearing and distance of S 04°08'33"W 40.94 feet; thence S 4S°48'SS"W 18.25 feet; thence along a curve to the left having a radius of 655.50 feet, an arc length of 106.08 feet, a delta of 9'16'20" and a chord bearing and distance of S 41°10'45" W 105.96 feet to the point of beginning, containing 51,869 square feet or 1.19 acres, more or less. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO IARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: August 10, 2020 (Updated with Planning Commission Results) SUBJECT: VAC 20-7184: Vacation (2160 N. RUPPLE RD./HAZEN-COF, 361): Submitted by THE CITY OF FAYETTEVILLE for property located at 2160 N. RUPPLE RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and CS, COMMUNITY SERVICES and contains approximately 1.19 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 20-7184 to City Council recommending approval with the following conditions. RECOMMENDED MOTION: 1 move to forward VAC 20-7184 to City Council recommending approval with all conditions as recommended by staff." BACKGROUND: The subject property includes 1.19 acres along the former alignment of Rupple Road, extending approximately 900 feet south from Mount Comfort near the Mount Comfort Cemetery. As part of the City's bond program, traffic flow from the subject property was relocated to a realigned Rupple Road that now intersects Mount Comfort at a signalized intersection to the east. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoninq Direction Land Use Zoning North Church & Cemetery RSF-1, Residential Single-family, 1 Unit perAcre South Undeveloped R-A. Residential Agricultural West Warehouse; Undeveloped CS, Community Services; R-A, Residential Agricultural East Undeveloped CS, Community Services; R-A. Residential A ricultural Proposal: The City of Fayetteville, as representative for the applicants, James and Judith Hazen, proposes to vacate approximately 900 linear feet of public right-of-way, totaling 1.19 acres along Rupple Road's former alignment and as indicated in the attached exhibits. DISCUSSION: Staff supports the request given that the previous alignment of Rupple Road is no longer needed or functional. With construction of the new alignment, the property proposed for vacation saw all Planning Commission August10 2020 Agenda Item 9 20-7184 Hazen-COF Page 1 of 12 pavement removed from the Hamestring Creek crossing south. As such, it no longer serves to provide connectivity. The remaining paved portion will provide access to the adjacent properties. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments, adjacent property owners, and franchise utility companies with the following responses: Utility Response Cox Communications No objections and no comment. AEP/SWEPCO No objections and no comment. BlackHills Energy AR No objections provided dedication of easement for gas pipeline relocation. AT&T No objections and no comment. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections provided the entire area is to be retained as a general utility easement to serve the existing water and sewer infrastructure. This includes 10-inch, 12-inch, and 24-inch sanitary sewer mains, and a 6-inch water main. Solid Waste & Recycling No objections and no comment. Transportation No objections and no comment. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 20-7184 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 2. Dedication of gas easement shall be completed along the western edge of Rupple Road to accommodate gas line relocation as shown in the attached gas easement exhibit; 3. Access easement dedication shall be completed as shown in the attached access easement exhibit; 4. General utility easement dedication shall replace the location of the proposed right-of-way vacation to serve existing public water and sewer infrastructure. Planning Commission GAETC\Development Services Review\2020\Development Services\20-7184 VAC August 10 2020 2160 N. Rupple Rd. (Hazen-COF) 361\03 PC\08-10-2020 Agenda Item s 20-7184 Hazen-COF Page 2 of 12 PLANNING COMMISSION ACTION: Required YES Date: August 10, 2020 71 Tabled ® Forwarded 71 Denied Motion: Belden, on the consent agenda Second:Canada Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Exhibits: o Vacation o Aerial o Gas Easement o Access Easement • One Mile Map • Close-up Map • Current Land Use Map Planning Commission GAETC\Development Services Review\2020\Development Services\20-7184 VAC August 10 2020 2160 N. Rupple Rd. (Hazen-COF) 361\03 PC\08-10-2020 Agenda Item s 20-7184 Hazen-COF Page 3 of 12 Win CITY OF FAYETTEVILLE ARKANSAS July 1, 2020 TO: City of Fayetteville Planning Commission and City Council RE: R/W Vacation of Rupple Road VAC 20-7184 Request Letter The Rupple Road Relocation (Starry Night View to Mt. Comfort Rd.) construction project is one of the City's Transportation bond projects. This project has relocated a portion of the existing roadway to a new alignment which connects with the existing signalized intersection on Mt. Comfort Road. The old Rupple Road is no longer needed by the City for vehicular traffic. James and Judith Hazen have requested that the City vacate the right-of-way for the old portion of Rupple Road. The Engineering Division does not have any objection to this transfer of land rights. This action will only affect two (2) property owners: one is the applicant and the second owner has been notified and has signed the approval form. An Exhibit showing the area to be vacated has been included in the submittal package. However, in the Utility Approval Form signed by Black Hills Energy Corporation, they have requested that 2 gas easements be granted to Black Hills by the applicant James & Judy Hazen so that Black Hills may maintain their existing gas line as well as install a new gas line which needs to be relocated due to the construction of Rupple Road. Additionally, James & Judith Hazen are required to sign an easement requested by the City's Water & Sewer Division and an Access Easement to the adjacent landowner WT Transfer Holding Company, LLC. Therefore, it is recommended that these stipulations be added to the approval to vacate the old Rupple Road right-of-way. Sincerely, Paul Libertini, P.E., Staff Engineer Mailing Address: ENGINEERINNGGr, 113 W. Mountain Street www,fayett4l}R;'A' 4wo 2020 Fayetteville, AR 72701 Agenda Item 9 20-7184 Hazen-COF Page 4 of 12 VAC 20-7184 Petition to Vacate Petition to Vacate a portion of Rupple Road Located in Section 1, Township 16 North, Range 31 West, 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 Rupple Road hereinafter sought to be abandoned and vacated, lying in Section 1, Township 16 North, Range 31 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said right of way described as follows: Part of the NE'/. of the SE% of Section 1, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the NE% of the SE/. of Section 1, Township 16 North, Range 31 West, and running thence N 86'59'04" W 697.70 feet and N 03°00'56" E 174.00 feet to the Point of Beginning; thence N 14°59'45" E 140.15 feet; thence N 01'43'31" E 216.75 feet; thence N 00°44'47" E 265.46 feet; thence N 03'17'02" E 307.088 feet; thence S 88`49'02" E 181.907 feet; thence S 70"39'34" W 70.76 feet; thence along a curve to the left having a radius of 95.00 feet, an arc length of 103.515 feet, a delta of 60'18'41", and a chord bearing and distance of S 39'26'39" W 98.469 feet; thence S 08"13'43" W 52.57 feet; thence S 05°56'05" W 123.24 feet; thence S 00"46'04" W 295.85 feet; thence S 01*40'21" W 217.17 feet; thence along a curve to the right having a radius of 475.00 feet, an arc length of 40.955 feet, a delta of 4'56'24", and a chord bearing and distance of S 04"08'33" 40.942 feet; thence S 45"48'55"W 18.246 feet; thence along a curve to the left having a radius of 655.50 feet, an arc length of 106.08 feet, a delta of 9`16'20" and a chord bearing and distance of S 41"10'45" W 105.964 feet to the point of beginning, containing 48,799 square feet or 1.12 acres, more or less. That the abutting real estate affected by said abandonment of the above right of way has been improved with the construction and re -alignment of Rupple Road and that public interest and welfare would not be adversely affected by the abandonment of the above -described road right of way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to existing easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. 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 existing easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law. Dated this /3 day of AV �,US7' 2019. Printed Name ' natur J � �� �• i--iraZk n1 Printed Name 1 Ig ure Planning Commission August 10. 2020 Agenda Item 9 20-7184 Hazen-COF Page 5 of 12 20-7184 Hazen-COF Page 6 of 12 VAC 20-7184 _ fintomf Road Aerial Exhibit - y4t 2020: Post Rupple Road Q�e, realignment completion 4and removal of former former Rupple Road south of Hamestring Creek Subject Property rp CC)wt , t Road„ 2019: Rupple Road c44~ realignment under 4p, construction. Former Rupple Road still active r August 20M On -site photo looking south over Hamestring Creek 2020 Item 9 Page 7 of 12 1=1 a" ew�Rwll N00 -A 4 Alf� T =-,, NORTH LINE OF - - - - - - - - - - - - 4 VAC 20-7184 Gas Easement Exhibit /+ 7 72— — — - SE CORNER NE, SEA SE10,01 , - N R ,oc PROPOSED X FCOT'NIOE EASEMENT & PKI-F-WAY, A-CO-SEASEMENT AIN RIGHT-0E-WAYLOG DINAPART OF hENORTHEAST OUMT ROF TFE SOUTHEAST QUARTER AND APMT OF THE SOUTHEAST QUARTER OFTHE WUTREASTOUAHnROF SECTION01, TOWNSHIP 16 NORTH RANGE 31 WEST OF THE FIFTH PRINCIPAL MERIDIAN, -GTCN COUNTY BEING NODE PARTICULARLY DESCRIBED AS FOLLOWS. TO-- BEGINNING AT A PONT INHICH IS N0I'03 5-' 161.25 FEET AND LASS-1 '11 I51e.93 FEET FROM AN EXISTING AIUMINUM -NI,-T ..- THE SE CORNER OFSAID NEA SE'/ AND RUNNING THENCE W' 26ZC 43- FEET 10 THE WESTERLY RIGHT-AYOIIRUFPI.E ROAD THENCE &ONG SAID RIGHT-C-AY THE FOLLOWING: S-!IV2T 72.72FEET. -C A CURVE TO THE LEFT FUING A RADIUS OF 655.50 FEET FOR A CHOW BEARING AND DISTANCE OF S2A'05'43'W 451.59 FEET THENCE S03 40- 71.59 FEET. THENCE LEAVING SAID RIGHT- -21-11NTOANOKMGTHENOR- LINE OF GAKBRGDNE SUEOh,ISION FFA4IE 11 -2 FEET THENCE LEANING SAID NORTH LINE --- 72.11 FEET ALONG A C- TO THE RIGHT HAVING A RADIUS Of 685.50 FEET FOR A CHORD SEARING AND DISTANCE OF N24-43-E A 7- FEET THENCE N-31-F - - FEET TO THIS POINT OF BEGINNING. EASEMENT EXHIBIT A T L A I I IF I SF OF - BLACK HILLS ENERGY PROFESSIONAL LAND SUR) I I A ATII 11 1"" F I.1V FI)7TTFIT I.F SuI ""I FUR IN --I I H ­­6- 12a ISC' -I, i�' OAL'f OF 5 *1 ELEM C 6 - S-ERMH S • ,�A,- I�IFTF e PRE -v� �'�'T'E'R' , SANITARY SEWER �. H EELECTRICTYING — - - - - - FORTY. TIE ­ A5CHA'14RAVIFVCONC(IE- RjCI, r OF ,Ay EA5151E.T G R16- 01 WA YS -F-IF ROAD MA :275; -E-4- I. - Planning Com fission Auqual 11i2020 A aend Item 9 Page 8 of 12 act s M (Scale: 1 inch= 141 feet File: Access EasementRev.ndo Tract 1: 1.1907 Acres (51866 Sq. Feet), Closure: s12.1716e 0.01 ft. (11175546), Perimeter=2347 ft. Tract 2: 0.5262 Acres (22920 Sq. Feet), Closure: s80.063Ow 0 01 ft. (11118335), Perimeter-1111 ft. 01 In86.5904w 697.7 02 M03.0056e 174 03 n 14.5945e 140.16 04 rtO1.4331e 216.75 05 nOO.4447e 265.46 06 rt03.17O2e 108.46 07 n01.3817w 127.50 08 n 12.3018w 53.75 09 n77 5428w 100 10 s88.49O2e 306 37 11 s70.3934w 70 76 12 Lt. r=95.O0, delta=060.1841. arc=103.52, chord=s39.2639w 98.47 13 508.1343w 52.57 14 s05.56O5w 123.24 15 s00.46O4w 295.85 16 s01.4021 w 217.17 17 Rt, r=475.00, delta=004.5624, arc=40.96 18 s45.4855w 18.246 19 Lt, r=655.50, detta=009.1620, arc=106.08, chord=s41.1O45w 105.96 VAC 20-7184 Access Easement Exhibit 20 @ 11 21 n88.4902w 306.37 22 s77.5428e 100 23 s12.301Se 53.75 24 sO1.3817e 127.50 25 s03.1702w 101.37 26 s88.4714e 49 17 27 n0O.4604e 22.71 28 n05 5605e 123.24 29 n08.1343e 52.57 30 Rt, r=95.00, delta=060.1841 31 n7O.3934e 70.76 4/4/2019 arc=103.52. chord=n39.2639e 98.47 --Tr7nT10.2020 Agenda Item 9 20-7184 Hazen-COF Page 9 of 12 Agenda Item 9 20-7184 Hazen-COF Page 10 of 12 Agenda Item 9 20-7184 Hazen-COF Page 11 of 12 Agenda Item 9 20-7184 Hazen-COF Page 12 of 12 NORTHWEST ARKS Demo= -BMW fajze& F.0 3 ; �.07,; rA`El T,. lt, AP. !2iQ' • %.- -1% G • FAY 179-595-Ts • '2Il^1i; M"'ADG CO�f AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6355 Was inserted in the Regular Edition on: September 6, 2020 Publication Charges: $129.20 —94j&— Brittany Smith Subscribed andsworn to before me This JZ day of , 2020. — C94M91 "Ihw Notary Public PZ/(r. My Commission Expires: Z,J * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. ER1NE STAGGS MY COMMI February e8 025 EXPIRE sh 9Jon county Ordinance: 6355 File Number: 2020-0685 VAC 20-7194 (2160 N. RUPPLE RD./HAZEN-COF): AN ORDINANCE TO APPROVE VAC 20-7184 FOR PROPERTY LOCATED AT 2160 NORTH RUPPLE ROAD TO VACATE A PORTION OF STREET RIGHT-OF-WAY 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 street right-of-way 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 street right-of-way 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 following conditions: I. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. Dedication of gas easement shall be completed along the western edge of Rupple Road to accommodate gas line relocation as shown in the attached gas easement exhibit. 3. Access easement dedication shall be completed as shown in the attached access easement exhibit. 4. General utility easement dedication shall replace the location of the proposed right-of-way vacation to serve existing public water and sewer infrastructure. PASSED and APPROVED on 9/12020 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75316550 9/620