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HomeMy WebLinkAboutOrdinance 6363113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6363 File Number: 2020-0779 Doc ID: 019522230004 Type. REL Kind: ORDINANCE Recorded: 10/29/2020 at 03:59:43 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2020-00039525 VAC-2020-000001 (SOUTH OF 2011 W. FOX GLOVE DR./CRAIN KIA): AN ORDINANCE TO APPROVE VAC 20-000001 FOR PROPERTY LOCATED SOUTH OF 2011 WEST FOXGLOVE DRIVE TO VACATE PORTIONS OF GENERAL UTILITY AND ACCESS EASEMENTS 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 general utility and access easements 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 general utility easement and access 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 10/6/2020 Page 1 Pr/nted on 1017120 Ordinance. 6363 File Number 2020-0779 Yes: 8 Council Member Smith, Council Member Gutierrez, Council Member Marsh, Council Member Kinion, Council Member Petty, Council Member Scroggin, Council Member Bunch and Council Member Turk Attest: v GOERK . T. Kara Paxton, City Clerk Treasurer ; �AYe�EV144 -z• 14'1ON,C Page 2 Printed on 1017120 VAC-2020-000001 EXHIBIT 'B' LOTS 20 & 21 OF MEADOW FIELD COMMERCIAL SUBDIVISIONS ACCESS EASEMENT VACATION LEGAL DESCRIPTION: PART OF LOTS 20 AND 21 OF MEADOW FIELD COMMERCIAL SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAN IN FILE 0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 1 AND FILED AMONG THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF MEADOW FIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 20, S02°26'52"W - 263.56 FEET TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 20.57 FEET AND A CHORD BEARING & DISTANCE OF S67°54'15"E - 20.17 FEET; THENCE S87°33'08"E - 81.00 FEET; THENCE S02°26'52"W - 28.00 FEET; THENCE N87°33'08"W -81.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 20.57 FEET AND A CHORD BEARING & DISTANCE OF S72°48'37"W - 20.17 FEET; THENCE NO2°26'52"E - 41.56 FEET TO THE POINT OF BEGINNING. CONTAINING 2,881 SQ.FT., MORE OR LESS. LOT 20 OF MEADOW FIELD COMMERCIAL SUBDIVISIONS PARTIAL UTILITY EASEMENT VACATION LEGAL DESCRIPTION: PART OF LOT 20 OF MEADOW FIELD COMMERCIAL SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAN IN FILE 0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 1 AND FILED AMONG THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF MEADOW FIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 20, S02°26'52"W - 12.94 FEET; THENCE S55°43'14"E -18.20 FEET; THENCE S56°21'06"E - 112.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S56°21'06"E - 132.95 FEET; THENCE S33'38'54"W - 20.00 FEET; THENCE N56°21'06"W - 132.95 FEET; THENCE N33°38'54"E - 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,659 SQ.FT., MORE OR LESS. Washington County, AR I certify this instrument was filed on 10/29/2020 03:59:43 PM and recorded in Real Estate File Number 2020-00039525 Kyle Sylvester - Circuit Clerk by _r :v_::, City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 - (479) 575-8323 ` Text File File Number: 2020-0779 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: D. 6 VAC-2020-000001 (SOUTH OF 2011 W. FOX GLOVE DR./CRAIN KIA): AN ORDINANCE TO APPROVE VAC 20-000001 FOR PROPERTY LOCATED SOUTH OF 2011 WEST FOXGLOVE DRIVE TO VACATE PORTIONS OF GENERAL UTILITY AND ACCESS EASEMENTS 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 general utility and access easements 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 general utility easement and access 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 10/7/2020 City of Fayetteville Staff Review Form 2020-0779 Legistar File ID 10/6/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 9/18/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2020-000001: Vacation (SOUTH OF 2011 W. FOX GLOVE DR./CRAIN KIA, 323): Submitted by ENGINEERING SERVICES INC. for property located SOUTH OF 2011 W. FOXGLOVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.13 acres. The request is to vacate portions of general utility and access easements. 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 $ - I V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 6, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: September 18, 2020 CITY COUNCIL MEMO SUBJECT: VAC-2020-000001: Vacation (SOUTH OF 2011 W. FOX GLOVE DR./CRAIN KIA,323): Submitted by ESI ENGINEERING, INC. for property located SOUTH OF 2011 W. FOXGLOVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.13 acres. The request is to vacate portions of general utility and access easements. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2020-000001 as shown in the attached Exhibits 'A' and '13' 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 located along the west side of Interstate 49 at the corner between Foxglove Drive, Moore Lane, and Shiloh Drive. The overall property is approximately 5.87 acres, zoned as a Commercial Planning Zoning District, and is currently undeveloped. In June of 2020, the Planning Commission approved a large scale development for a car dealership on the site. Request: The applicant proposes vacation of two easements to facilitate construction of the approved car dealership on the site as approved. The first, an access easement totaling approximately 2,881-square feet, was platted with the Meadow Field Commercial Subdivision to facilitate cross access between Lots 20 and 21 and limit access to Shiloh Drive to the east. The second, a utility easement totaling approximately 2,659-square feet, extended sanitary sewer into Lot 20. With development of the property spanning both Lots 20 and 21, the access easement is no longer necessary and the applicant has proposed reducing the length of the sanitary sewer line, relocating a manhole approximately 135 feet to the northwest. DISCUSSION: At the September 14, 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. 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 VAC-2020-000001 Close Up View -JUSTIN D/J i. DANI LN7' i i -WARD DR i i ALLEY• 25rfj %I i� MILLION LN-o <.. 14 N Legend ' Planning Area � s ' Fayetteville City Limits L Trail (Proposed) I _ J Design Overlay District Building Footprint Crain Kia VAC-2020-000001 EXHIBIT W , p, MOORE LN � .� i Feet 0 75 150 300 450 600 1 inch = 200 feet Residential -Agricultural RMF-24 1-1 Heavy Commercial and Light Industrial C-2 Commercial, Industrial, Residential VAC-2020-000001 EXHIBIT'Bo LOTS 20 & 21 OF MEADOW FIELD COMMERCIAL SUBDIVISIONS ACCESS EASEMENT VACATION LEGAL DESCRIPTION: PART OF LOTS 20 AND 21 OF MEADOW FIELD COMMERCIAL SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAN IN FILE 0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 1 AND FILED AMONG THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF MEADOW FIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 20, S02°26'52"W - 263.56 FEET TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 20.57 FEET AND A CHORD BEARING & DISTANCE OF S67°54'15"E - 20.17 FEET; THENCE S87°33'08"E - 81.00 FEET; THENCE S02°26'52"W - 28.00 FEET; THENCE N87°33'08"W - 81.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 20.57 FEET AND A CHORD BEARING & DISTANCE OF S72°48'37"W - 20.17 FEET; THENCE NO2°26'52"E - 41.56 FEET TO THE POINT OF BEGINNING. CONTAINING 2,881 SQ.FT., MORE OR LESS. LOT 20 OF MEADOW FIELD COMMERCIAL SUBDIVISIONS PARTIAL UTILITY EASEMENT VACATION LEGAL DESCRIPTION: PART OF LOT 20 OF MEADOW FIELD COMMERCIAL SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAN IN FILE 0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 1 AND FILED AMONG THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF MEADOW FIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 20, S02°26'S2"W - 12.94 FEET; THENCE S55°43'14"E -18.20 FEET; THENCE S56°21'06"E - 112.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S56°21'06"E - 132.95 FEET; THENCE S33°38'54"W - 20.00 FEET; THENCE N56°21'06"W-132.95 FEET; THENCE N33°38'54"E - 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,659 SQ.FT., MORE OR LESS. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: September 14, 2020 (Updated with Planning Commission Results) SUBJECT: VAC-2020-000001: Vacation (SOUTH OF 2011 W. FOX GLOVE DR./CRAIN KIA,323): Submitted by ESI ENGINEERING, INC. for property located SOUTH OF 2011 W. FOXGLOVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 0.13 acres. The request is to vacate portions of general utility and access easements. RECOMMENDATION: Staff recommends forwarding VAC-2020-000001 to the City Council with a recommendation of approval and a condition based on the findings contained in this report. RECOMMENDED MOTION: 1 move to forward VAC-2020-000001 to the City Council with a recommendation for approval and the condition recommended by staff." BACKGROUND: The subject property is located along the west side of Interstate 49 at the corner between Foxglove Drive, Moore Lane, and Shiloh Drive. The overall property is approximately 5.87 acres, zoned C-PZD, and is currently undeveloped. In June of 2020, the Planning Commission approved a large scale development for a car dealership on the site. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Car Dealerships C-PZD South Commercial C-2, Commercial Thoroughfare East Interstate 49 ARDOT West Undeveloped C-PZD Proposal: The applicant proposes vacation of two easements to facilitate construction of the approved car dealership on the site. The first, an access easement totaling approximately 2,881- square feet, was platted with the Meadow Field Commercial Subdivision to facilitate cross access and access management between Lots 20 and 21. The second, a utility easement totaling approximately 2,659-square feet, extended sanitary sewer into Lot 20. With development of the property spanning both Lots 20 and 21, the access easement is no longer necessary and the applicant has proposed reducing the length of the sanitary sewer line, relocating a manhole approximately 135 feet to the northwest. 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 Response Cox Communications No objections and no comment AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric Citv of Favetteville Water/Sewer Solid Waste & Recycling No objections and no comment. No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. Not required. Transportation Not required. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC-2020-000001 to the City Council with a recommendation for approval, subject to the following condition: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: Required YES Date: September 14, 2020 Motion: Belden Second: Paxton IVote:8-0-0, on the consent 0 Tabled ® Forwarded O Denied BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map VAC-2020-000001 Petition to Vacate PETITION TO VACATE AN ACCESS EASEMENT BETWEEN LOTS 20 AND 21 & UTILITY EASEMENT ON LOT 20 IN MEADOW FIELD COMMERCIAL 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 access easement & utility easement hereinafter sought to be abandoned and vacated, lying along the southern/northern property line of lots 20 and 21, & lying on the Northwestern part of lot 20 in the Meadow Field Commercial Subdivision to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a access easement which is described as follows: LEGAL DESCRIPTION OF ACCESS EASEMENT TO BE VACATED: PART OF LOTS 20 AND 21 OF MEADOW FIELD COMMERCIAL SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAN IN FILE 0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 1 AND FILED AMONG THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF LOT 20 OF MEADOW FIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 20, S02"26'52"W — 263.56 FEET TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 20.57 FEET AND A CHORD BEARING & DISTANCE OF S67°54'15"E — 20.17 FEET; THENCE S87°33'08"E — 81.00 FEET; THENCE S02°26'52"W — 28.00 FEET; THENCE N87°33'08"W — 81.00 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, AN ARC LENGTH OF 20.57 FEET AND A CHORD BEARING & DISTANCE OF S72°48'37"W — 20.17 FEET; THENCE NO2°26'52"E — 41.56 FEET TO THE POINT OF BEGINNING. CONTAINING 2,881 SQ.FT., MORE OR LESS. LEGAL DESCRIPTION OF UTILITY EASSMENT TO BE PARTIALLY VACATED: PART OF LOT 20 OF MEADOW FIELD COMMERCIAL SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER PLAN IN FILE 0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 1 AND FILED AMONG THE RECORDS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF MEADOW FIELD SUBDIVISION; THENCE ALONG THE WEST LINE OF SAID LOT 20, S02-26'52"W —12.94 FEET; THENCE 555°43'14"E —18.20 FEET; THENCE 556`21'06"E—112.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S56'21'06"E — 132.95 FEET; THENCE S33°38'54"W — 20.00 FEET; THENCE N56'21'06"W—132.95 FEET; THENCE N33"38'54"E — 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 2,659 SQ.FT., MORE OR LESS. That the abutting real estate affected by said abandonment of the access & partial utility easement are Lots 20 and 21 in the Meadow Field Commercial Subdivision in the City of Fayetteville as shown on a lot split at file number 2020-9426, that the right-of-way to be vacated has not been 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 above described right-of-way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility 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 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 of the above described real estate be free from the easements of the public for the use of said right-of-way. Dated this 7th day of July 2020. Crain Investments LP Printed Name (Owner of Lots 20 & 21 Meadow Field Commercial Subdivision) Signature VAC-2020-000001 Vacation Exhibit ------------ ------------ A, 0. IM s 'A 'Ell-11. AR I- NEWLOr29 't" MEADOWFIELDWMMERCIAL SUBDIVISION 583ACRES —A-mf-mm 1254.180SQ.Frl —DPERIPPLAT --AAA-11 loll, T4 F I =��Z _t_FFt1A sn 7—A T—C-1 4� n F r, "A 4w 1A X, t A". ;.'I A'I 1=`;RE— A,=-15 A—Tr0RF-V11—­­­o i F.IYEr7EV(LE AR )1 UI I / �' fV-45-36'- IN 7149- 'A 11 N 02'26W'E 75.23* AfBb-23'03"W-256 ir LA - ----- - -------- 52 RBur 1E ME —ON 131 FAYETTEVILLE CITY PLAT PAGE: 286 REM510N DATE DESCRIPTION LOT COMBINATION PLAT MEADOW FIELD COMMERCIAL SUBDIVISION FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS SCALE. 1"=50' 1 DATE May 12. 2020 1 OR— By RKW ENGINEERING SERVICES, INCORPORATED SPRINGDALE, ARKANSAS 19937 ._IZ.FFT VAC-2020-000001 Crain K i a One Mile View z 0 0.125 0.25 0 5 Miles j '1 / ro nQ \� co D O1 P C Subject Property ` i RMF-24 CD 0 � z MOUNT•COMFORT RD RSF4 , / t_t - RESIDENTIAL SINGLE FAMLY E�'-- -RCIAL W1 B�Ri-2•..LegendM BASED gSTRICTS Planning Area T-L__Fayetteville <,Sl City Limits RESIDENTIALMULTI AMILYTrail (Proposed) I _ _ _ _ _ _ oRNF.,PUNNED BM RMF.�B fNinO STRIOTS m rei oai cu9i Pla' -MFDesign Overlay District R N10USTRIAL Fay VAC-2020-000001 Close Up View FJUSTIN F WARD D ALLEY rMILLION LN-o N % 04 N A L'N� t Legend ' Planning Area Fayetteville City Limits Trail (Proposed) j _ J Design Overlay District Building Footprint Crain Kia / O / v O i k O LL Feet 0 75 150 300 450 1 inch = 200 feet M o� NUJ Residential -Agricultural RMF-24 1-1 Heavy Commercial and Light Industrial C-2 i Commercial, Industrial, Residential VAC-2020-000001 Crain Kia Current Land Use -NORTH - - - Commercial �Y "'. Subject Property Undeveloped DANI LN Undeveloped ___r�. � •'gay' t CGfa i Z I-_ MOORE: LN --- Industrial RA i Shared Use Paved Trail Trail (Proposed) Planning Area Fayetteville City Limits _ Design Overlay District Feet 0 55 110 220 330 1 inch = 150 feet 440 FEMA Flood Hazard Data too -Year Floodplain Floodway �_ ► 3 9 10A Democni - tgueffe 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 6363 Was inserted in the Regular Edition on: October 11, 2020 Publication Charges: $120.08 4 Brittany Smith Subscribed and slyom to before me This 1(Qday of 0,-f , 2020. Notary Public U"-, My Commission Expires: 7�� **NOTE** Please do not pay from Affidavit. Invoice will be sent. 6�P�20�2�5 2 10Q� Ordinance: 6363 File Number: 2020-0779 VAC-2020-000001 (SOUTH OF 2011 W. FOX GLOVE DR./CRAIN KIA): AN ORDINANCE TO APPROVE VAC 20-000001 FOR PROPERTY LOCATED SOUTH OF 2011 WEST FOXGLOVE DRIVE TO VACATE PORTIONS OF GENERAL UTILITY AND ACCESS EASEMENTS 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 general utility and access easements 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 general utility easement and access 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 10/6/2020 Yes: 8 Council Member Smith, Council Member Gutierrez Council Member Marsh, Council Member Kinion, Council Member Petty, Council Member Scroggin, Council Member Bunch and Council Member Turk Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75332679 10/11/2020