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HomeMy WebLinkAboutOrdinance 6438113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6438 File Number: 2021-035- VAC-2021-018 (1000 W. BULLDOG BLVD./FHS PROPERTIES): I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019926390004 Type: REL Kind: ORDINANCE Recorded: 06/04/2021 at 04:09:20 PM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00021348 AN ORDINANCE TO APPROVE VAC 21-0018 FOR PROPERTY LOCATED AT 1000 WEST BULLDOG BOULEVARD 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 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 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 5/18/2021 Page 1 Pdnted on W19/21 Ordinance. 6438 File Number: 2021-0355 Attest: C, E R K `.�... CITY• Kara Paxton, City Clerk Trea`su �r YE�F j ;M_ S S ON C00 Page 2 Printed on 5119121 VAC-2021-000018 F H S EXHIBIT 'A' Close Up View I VAC-2021-000018 z O % ��� -- •.� __ CENTER ST •�— l -- — G�-�t,vp �O A 3 o� coA Neighborhood Link Institutional Master Plan Hillside -Hilltop Overlay District Planning Area L - r Fayetteville City Limits — — — Shared -Use Paved Trail - - - Trail (Proposed) 1011 -' 1 P-1 Subject Property Feet 0 75 150 300 450 1 inch = 200 feet M. z a U z 0 RM F-24 — RMF-40 Downtown General P-1 0 1 "EXHIBIT B" Legal Description EXISTING 20 FOOT UTILITY EASEMENT TO BE VACATED A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW/4 SW/4), AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AND PART OF THE REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF THE I W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192, IT'S IN A LOT OF PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT AND EASEMENT BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-00000019; AND THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NW/4 SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4 SW/4, S87006'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE N03007'01"E 39.99 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE PARENT TRACT; THENCE ALONG THE WEST LINES OF THE PARENT TRACT FOR THE FOLLOWING COURSES: NO3°07'01"E 422.64 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE N86053'03"W 40.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE S03007'01"W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2000-087242; THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY N86053'03"W 88.79 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE OF THE SAID REVISED OAK PARK PLACE, N02057'40"E 182.98 FEET TO THE EASEMENT CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE; THENCE LEAVING THE WEST LINE OF THE PARENT TRACT AND FOLLOWING THE SAID SANITARY SEWER LINE FOR THE FOLLOWING COURSES: N80027'37"E 78.58 FEET; THENCE N51018'08"E 315.63 FEET TO AN EXISTING SEWER MANHOLE; THENCE S87051'29"E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE N02038'17"E 227.16 FEET TO AN EXISTING SEWER MANHOLE; THENCE N34016'53"W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE N11051'06"E 90.37 FEET TO AN EXISTING SEWER MANHOLE; THENCE N22013'46"W 88.30 FEET TO AN EXISTING SEWER MANHOLE; THENCE N41048'14"W 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF CLINTON DRIVE; THE SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE WEST AND NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162 SQUARE FEET, OR 0.509 ACRES. Washington County, AR certify this instrument was filed on 06/04/2021 04.09:20 PM and recorded in Real Estate File Number 2021-o0021348 Kyle Sylvester - Circuit Clerk by _. -�� City of Fayetteville, Arkansas 113 West Mountain Street Y Y Fayetteville, AR 72701 (479) 575-8323 �a Text File File Number: 2021-0355 Agenda Date: 5/18/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 VAC-2021-018 (1000 W. BULLDOG BLVD./FHS PROPERTIES): AN ORDINANCE TO APPROVE VAC 21-0018 FOR PROPERTY LOCATED AT 1000 WEST BULLDOG BOULEVARD 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 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 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 511912021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0355 Legistar File ID 5/18/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/30/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC-2021-000018: Vacation (1000 W. BULLDOG BLVD./FHS PROPERTIES, 522): Submitted by MCCLELLAND ENGINEERING, INC. for property located at 1000 W. BULLDOG BLVD. The property is zoned P-1, INSTITUTIONAL and area to be vacated contains approximately 0.51 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: CITY OF FAYETTEVILLE I ARKANSAS W MEETING OF MAY 18, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 30, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000018: Vacation (1000 W. BULLDOG BLVD./FHS PROPERTIES, 522): Submitted by MCCLELLAND ENGINEERING, INC. for property located at 1000 W. BULLDDOG BLVD. The property is zoned P-1, INSTITUTIONAL and area to be vacated contains approximately 0.51 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2021-000018 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; BACKGROUND: The subject property includes an existing utility easement located to the west of the Alan Fahring Activity Center at Fayetteville Public High School. The High School intends to redevelop their athletic center and associated parking, which will require vacating the existing 20-foot wide easement, relocating, and re -platting a new 25-foot wide general utility easement. Request: The applicant proposes a vacation of the 20-foot wide general utility easement as indicated in the attached exhibits, totaling approximately 0.51 acres. Approval of the vacation will allow for the relocation of an existing sewer main to avoid conflicts with future construction. DISCUSSION: In mid-2020, the City Council amended the Unified Development Code to allow vacations of utility easements to proceed directly to Council without first being heard by the Planning Commission. With submittal of the required vacation forms and utility approval, staff recommends approval. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Request Letter Petition to Vacate VAC-2021-000018 Close Up View IPA 7Q O� It�11 -�a r I I � Neighborhood Link � Institutional Master Plan Hillside -Hilltop Overlay District " Planning Area L _ I Fayetteville City Limits — — — Shared -Use Paved Trail — — — Trail (Proposed) FHS Subject Property P-1 Feet 0 75 150 300 450 1 inch = 200 feet EXHIBIT 'A' VAC-2021-000018 ST I Q NORTH RMF-24 RMF-40 Downtown General P-1 600 VAC-2021-000018 F H S EXHIBIT 'A' Close Up View VAC-2021-000018 i \\ O W CENTER ST .` s i 70 1011 24 I co C' i Neighborhood Link Institutional Master Plan Hillside -Hilltop Overlay District - Planning Area L _ r Fayetteville City Limits — — — Shared -Use Paved Trail - Trail (Proposed) Subject Property Feet 0 75 150 300 450 1 inch = 200 feet W, z a U z C > RMF-24 RMF-40 Downtown General P-1 "EXHIBIT B" Legal Description EXISTING 20 FOOT UTILITY EASEMENT TO BE VACATED A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW/4 SW/4), AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AND PART OF THE REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF THE I W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192, IT'S IN A LOT OF PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT AND EASEMENT BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-00000019; AND THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NW/4 SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4 SW/4, S87°06'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE N03007'01"E 39.99 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE PARENT TRACT; THENCE ALONG THE WEST LINES OF THE PARENT TRACT FOR THE FOLLOWING COURSES: N03007'01"E 422.64 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE N86°53'03"W 40.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE S03°07'01"W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2000-087242; THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY N86053'03"W 88.79 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE OF THE SAID REVISED OAK PARK PLACE, N02057'40"E 182.98 FEET TO THE EASEMENT CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE; THENCE LEAVING THE WEST LINE OF THE PARENT TRACT AND FOLLOWING THE SAID SANITARY SEWER LINE FOR THE FOLLOWING COURSES: N80°27'37"E 78.58 FEET; THENCE N51018'08"E 315.63 FEET TO AN EXISTING SEWER MANHOLE; THENCE S87051'29"E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE N02038'17"E 227.16 FEET TO AN EXISTING SEWER MANHOLE; THENCE N34016'53"W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE N11051'06"E 90.37 FEET TO AN EXISTING SEWER MANHOLE; THENCE N22013'46"W 88.30 FEET TO AN EXISTING SEWER MANHOLE; THENCE N41048'14"W 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF CLINTON DRIVE; THE SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE WEST AND NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162 SQUARE FEET, OR 0.509 ACRES. lflMcCLELLAND 1580 East Stearns Street CONSULTING Fayetteville, AR 72703 "CE�(479) 443.2377 P 1 (479) 443.9241 F ENGINEERS, INC. nice us.ccm April 28, 2021 Planning Commission City of Fayetteville 125 West Mountain Street Fayetteville, AR. 72701 Re: General Utility Easement Vacation / Alan Fahring Activity Center / 61 S. Harmon Ave. Dear Planning Commission Members, This letter is in regards to the utility easement vacation request concerning a 182 l.f. section of 20' wide general utility easement just to the west of the Alan Fahring Activity Center located at 61 S. Harmon Avenue in Fayetteville, AR. The Fayetteville Public Schools plan on expanding the Bulldog Academic & Athletic Center to the east and the proposed facilities expansion will conflict with the existing utility easement and associated sewer main. The existing parking lot will be renovated with the future BARC Center expansion. This vacation request is associated with a separate Utility Main Extension permit that proposes to relocate the existing sewer main to avoid conflicts with future construction. A new 25' general utility easement will be rededicated over the relocated sewer main. It is the belief of the applicant that the vacation of the above -mentioned general utility easement will not adversely impact public interest and welfare. We appreciate your time and consideration of this endeavor. Sincerely, i6j�� Zach Hixson Project Manager zhixson@mce.us.com UTILITY EASEMENT VACATION PETITION PETITION TO VACATE A UTILITY EASEMENT LOCATED ADJACENT TO THE NORTH LINE OF BLOCKS 7 AND 8 IN THE I.W. DUNCAN'S ADDTION TO 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 parts of the I.W. Duncan's Addition and Oak Park Place S/D abutting the 20' wide general utility easement hereinafter sought to be abandoned and vacated, lying in Fayetteville, Arkansas, a municipal corporation, petition to vacate said right-of-way which is described as follows: A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW/4 SW/4), AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AND PART OF THE REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF THE I W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192, IT'S IN A LOT OF PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT AND EASEMENT BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-00000019: AND THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NW/4 SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4 SW/4, S87°06'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE NO3°07101"E 39.99 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE PARENT TRACT; THENCE ALONG THE WEST LINES OF THE PARENT TRACT FOR THE FOLLOWING COURSES: NO3°07'01"E 422.64 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE N86°53'03"W 40.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE S03°07'01"W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2000-087242; THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY N86°53'03"W 88.79 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE OF THE SAID REVISED OAK PARK PLACE, NO2°57'40"E 182.98 FEET TO THE EASEMENT CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE; THENCE LEAVING THE WEST LINE OF THE PARENT TRACT AND FOLLOWING THE SAID SANITARY SEWER LINE FOR THE FOLLOWING COURSES: N80°27'37"E 78.58 FEET; THENCE N51 °18'08"E 315.63 FEET TO AN EXISTING SEWER MANHOLE; THENCE S87°51'29"E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE NO2°38'17"E 227.16 FEET TO AN EXISTING SEWER MANHOLE; THENCE N34°16'53"W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE N11°51'06"E 90.37 FEET TO AN EXISTING SEWER MANHOLE; THENCE N22°13'46"W 88.30 FEET TO AN EXISTING SEWER MANHOLE; THENCE N41 °48'14"W 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF CLINTON DRIVE; THE SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE WEST AND NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162 SQUARE FEET, OR 0.509 ACRES. That the abutting real estate affected by said abandonment of the easement is Parcel 765-04827-000 used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above -described easement. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the above described real estate be used for their respective benefit and purpose as now approved by law. Page 1 of 2 UTILITY EASEMENT VACATION PETITION The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public. Dated this28 day of April , 2021 Zach Hixson, Representative of Applicant Printed Name Sig a re Page 2 of 2 DemoergC�a eW 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 6438 Was inserted in the Regular Edition on: May 23, 2021 Publication Charges: $100.32 &2g% •z+ait.. Brittany Smith Subscribed and swprn to before me This 2_4 day of /`t , 2021. Notary Public My Commission Expires: 0,1?.0/N **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC — ARKANSAS My Commission Expires 02-20-2024 Commission No, 12397118 Ordinance: 6438 File Number: 2021-0355 VAC-2021-018 (1000 W. BULLDOG BLVD./FHS PROPERTIES): AN ORDINANCE TO APPROVE VAC 21-0018 FOR PROPERTY LOCATED AT 1000 WEST BULLDOG BOULEVARD 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 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 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 5/19/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75420985 May 23, 2021