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)
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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
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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