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HomeMy WebLinkAboutOrdinance 6474 IO• 020136980005 Type:111111111116111111 KD yO FAYf F RecordedDlpgNC REL E :1/4 `� Fee Amt: /23j2021 at 03:13:23 PM Washington Page 1 of 5 -"-� :goi�\ Kyle Sylvester Circuit Clerk ;_;:r:" File 2021 000367 00 7 \\gK4N5''S ��/ V 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 ARCHIVED Ordinance: 6474 File Number: 2021-0644 VAC-2021-022(1548 N. LEVERETT AVE.BRITTENUM PROPERTIES): AN ORDINANCE TO APPROVE VAC 21-0022 FOR PROPERTY LOCATED AT 1548 NORTH LEVERETT AVENUE 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 following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense;and 2. A 20-foot access and utility easement centered on the existing overhead line shall be dedicated as indicated in Exhibit C. Page 1 Printed on 9/8/21 Ordinance: 6474 File Number. 2021-0644 PASSED and APPROVED on 9/7/2021 Approv t: Attest: hik llibt... .‘`,11 c,V.E R K/ / T ," „.1 el/tZ.- .) sec..;. :•' C I T 0A.,:•C.- Lioneld .rdan, : or Kara Paxton, City Clerk Treasure? FAyF'FViz :�_ • Page 2 Printed on 9/8/21 VAC-2021-000022 Vacation request for VAC-2021-000022 Close Up View Brittenum 'Exhibit A' RS P-4 z.''fib"}fir .'' d ✓; V SYCAMORE ST iii - ". to 4 SD 1 Ad fLS Subject Property r. , , w ,, R.: RMF-40 W ' �4 ILI RMF-24 1Ill P� HA cR Scull Creek Connector m 40 0� Sc �Cre ,, ` ti COConnecto k c3 cc O� it: yvo LAWSON ST TROUT DR � 411 . 4 ._ .. .. m� s. . _ RAINBOW -- . ... ,_ NORTH Neighborhood Link RSF-4 ' MN RMF-24 Planning Area RMF-40 - == Feet I-1 Heavy Commercial and Light Industrial I' - - 2 Fayetteville City Limits mmm imli c-1 ———• Shared-Use Paved Trail 0 75 150 300 450 600 ENC-2 Trail(Proposed) 1 inch = 200 feet VAC-2021-000022 'Exhibit B' LEGAL DESCRIPTION: (PARCEL #765-05159-000) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said Lot 25 thence S86°57'17"E 20.00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 43.74 feet, thence S86°57'17"E 160.31 feet, thence S02°41'21"W 43.74 feet, thence S36°10'24"W 36.24 feet, thence N87°22'44"W 140.30 feet, thence NO2°40'43"E 31.39 feet to the POINT OF BEGINNING: Containing 0.27 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said Lot 25 thence S86°57'17"E 20.00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 10.00 feet, thence S86°57'17"E 160.30 feet, thence S02°41'21"W 10.00 feet, thence S36°10'24"W 3.60 feet, thence N87°29'45"W 128.66 feet, thence S86°03'39"W 29.85 feet, thence NO2°40'43"E 7.86 feet to the POINT OF BEGINNING: Containing 2,251.49 square feet or 0.05 acres more or less subject to easements and right of way of record. Exhibit C LEGENCO NOTES: X CALCULATED POINT LINE TABLE •FOUND CONCRETE NAIL 1.CURRENT ZONING:RMF-24. LINE LENGTH BEARING •FOUND IRON PIN L1 10.00' S02°40'43-W N O SET IRON PIN 2.PARCEL NUMBER:765.05159.000. L2 20.00' S861717-E `a,POWER POLE L3 20.00' NO2°40'43'E 3.ROTATION BASED ON ARKANSAS STATE PLANE GRID NORTH CENTERLINE STREET L4 130.30' S86`5T1 TE ZONE(NAD83). _ LOT LINE _ L5 7.05' S02°41'21'W __BOUNDARY LINE 4.OWNER:J 8 M REAL ESTATE HOLDINGS LLC.-4034 N.OLD L6 15.46' S36°10'24•W W E STREET RIGHT OF WAY WIRE ROAD-FAYETTEVILLE.AR.72703. L7 121.77' N86`5717W S 0/1? L8 135.31' N86°57'17'W - UTILITY EASEMENT- 5.THIS PROPERTY IS NOT AFFECTED BY THE 100 YEAR FLOOD L9 54.13 NO2`41'21'E UTILITY EASEMENT TO BE VACATED PLAIN AS PER FIRM#05143CO210F DATED MAY 16.2008. Certificate of Ownership and Dedication: ACCESS d UTIUTY EASEMENT DEDICATED We,the undersigned owners.representing one hundred percent(100%)ownership of the real estate shown and described __,___] herein,do hereby dedicate for public ownership.all streets and alleys as shown on this plat for public benefit as prescribed • by law.The owners also dedicate to the City of Fayetteville and to the public utility companies(including any cable television company holding a franchise granted by the City of Fayetteville)the easements as shown on this plat for the I 11,1 purpose of installation of new facilities and the repair of eldsting facilities.Also established hereby is the right of Ingress and egress to said easements.the right to prohibit the erection of buildings,structures.or fences within said easement. I and the right to remove or trim trees within said easements. 1 s Date Owner I I I _== __-ACCESS DICA I 1 586*5717_E 160.31' TO BE DEDICATED. I"---4011/W -__ (4,255.10 S.F.) SIEXISTING 'DEWALK iAGG OUB.i I 20'A -*GRAVEL ORNE ► `� \ R n w o 1� _. E -----� r---- EX Sh)EWALK�� ----- \ F RI HI EX.SIDEWALK-t L8 I I 4. x m PIN i'. XISTING BUILDING 25' j �) SW CORNER „1 IL ..O•S• - .,. ___ -. - L4 ACCES __. -�_CCES I Ni LOT*2 "'z S86"5T1 TE v (FOUND IRQ10114)' _ _ -�t - - -X-.I 1,I (FOUND NAIL)E 20.00' -_-.��--..._._.,. „ . IS)N86'57.17^W(E) 180.30' r �' ° I � N Ian _ LOT#26 •a• (VACATED U.. L7 27.5'RIW AS - ED 20'U.E. PORTION OF 2O'U.E. �,I �` pE- _ TO BE VACATED. AO ry0'P� IORD�#50921 14 • 0 42' ____:NW. sm A. rh -zo N87°22.44"W 140.30'-- LEGAL DESCRIPTION:(PARCEL#765-05159-000) Requested 21 .E., centered on existing OH line (shown in blue) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County,Arkansas,and being described as follows:Commencing at the SWCorner of said Lot 25 thence S86°5717'E 20.00 feet to the POINT OF BEGINNING,thence NO2°40'43"E 43.74 feet,thence S86°57'17"E 160.31 feet,thence SO2°41'21114 43.74 feet, thence S36°10'24'W 36.24 feet,thence N87°22'44'W 140.30 feet,thence NO2°40'43'E 31.39 feet to the POINT OF BEGINNING:Containing 0.27 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION:(UTILITY EASEMENT VACATION) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County,Arkansas,and being described as follows:Commencing at the SW Corner of said Lot 25 thence S86°57'17E 20.00 feet,thence S02"40'43"W 10.00 feet,thence S86°57'17"E 20.00 feet to the POINT OF BEGINNING,thence NO2°40'43'E 20.00 feet,thence S86°57'17'E 130.30 feet,thence S02°41'21 NV 7.05 feet,thence S36°10'24"W 15.46 feet,thence N86°57'17'W 121.77 feet to the POINT OF BEGINNING:Containing 2,550.82 square feet or 0.06 acres more or less. LEGAL DESCRIPTION:(ACCESS&UTILITY EASEMENT) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County,Arkansas.and being described as follows:Commencing at the SW Corner of said Lot 25 thence S86°57'17E 20.00 feet,thence NO2`4O'43•E 23.74 feet to the POINT OF BEGINNING:thence NO2°40'431 20.00 feet,thence S86`57'17E 160.31 feet, thence S02°41'21'W 43.74 feet,thence S36'10'24"W 36.24 feet,thence N87°22'44"W 5.01 feet,thence NO2°41'21"E 54.13 feet,thence N86°57'17W 135.31 feet to the POINT OF BEGINNING:Containing 4.255.10 square feet or 0.10 acres more or less. 411 J O R G E N S E N 124 W Sunbridge Drive,Suite 5 Fayetteville,AR 72703 +ASSOCIATES Fax:O7 Walle 479 582 4807 Civil Crlglnee Ire - Sul've:Ji'"'y - =rassoc corn 124 WEST SUNBRIDGE,SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479)442-9127 • FAX(479)582-4807 SCALE: 1"=30' DATE REVISED CHECKED BY: DRAWN BY: BJR DATE: AUGUST 19.2020 DLJ Z:\LOTS\2019051\UE VAC UTILITY EASEMENT VACATION AND ACCESS AND UTILITY EASEMENT DEDICATION FOR JON BRITTENUM Washington County, AR I certify this instrument was filed on 09/23/2021 03:13:23 PM and recorded in Real Estate File Number 2021-00036787 Kyle Sylvester- Circuit Clerk by _`; City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0644 Agenda Date: 9/7/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.5 VAC-2021-022 (1548 N. LEVERETT AVE.BRITTENUM PROPERTIES): AN ORDINANCE TO APPROVE VAC 21-0022 FOR PROPERTY LOCATED AT 1548 NORTH LEVERETT AVENUE 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 following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. A 20-foot access and utility easement centered on the existing overhead line shall be dedicated as indicated in Exhibit C. City of Fayetteville, Arkansas Page 1 Printed on 91812021 X CALCULATED POINT nip FOUND CONCRETE NAIL • FOUND IRON PIN O SET IRON PIN `Uj POWER POLE CENTERLINE STREET _ LOT. LINE _ _ _BOUNDARY LINE_ _ STREET RIGHT OF WAY _ UTILITY EASEMENT _ UTILITY EASEMENT TO BE VACATED ACCESS 8 UWiYEASEMFM DEDICATED E --- I ::I d EXISTING n SIDEWALK u,F SW CORNER ° LOT #2 (FOUND NAIL) # Exhibit C NOTES: 1. CURRENT ZONING: RMF-24. 2. PARCEL NUMBER: 765-05159.000. 3. ROTATION BASED ON ARKANSAS STATE PLANE GRID NORTH ZONE(Ni 4. OWNER: J 8 M REAL ESTATE HOLDINGS I.I.C. - 4034 N. OLD WIRE ROAD - FAYETTEVILLE, AR. 72703. 5. THIS PROPERTY IS NOT AFFECTED BY THE 100 YEAR FLOOD PLAIN AS PER FIRM #05143CO21OF DATED MAY 16. 2008. Certificate of Ownership and Dedication: LINE TABLE LINE LENGTH BEARING L1 10.00' S02'40'43W L2 20.00' S8657'17'E L3 20.00' NO2"40'43`E L4 130.30' S86"57'17•E L5 7.05' S02"41'21•W L6 15.46' S36'10'24•W L7 121.7T N86`57'1 TW L8 135.31' N86-57-17•W L9 54.13' NO2`41'21'E N W E S We, the undersigned owners, representing one hundred percent (100 %) ownership of the real estate shown and described herein, do hereby dedicate for public ownership. all streets and alleys as shown on this plat for pubic benefit as prescribed by law. The owners also dedicate to the City of Fayetteville and to the public utility companies (including any cable television company holding a franchise granted by the City of Fayetteville) the easements as shown on this plat forthe purpose of installation of new facilities and the repair of etasffng facilities. Also established hereby is the right of Ingress and egress to said easements. the night to prohibit the erection of buildings, structures, or fences within said easement, and the night to remove or trim trees within said easements. HIP Date Owner 1 - ACCESS 8 U.E. _ -�-�_ _ _ _ S86°57'17"E 160.31' _ _ TO BE DEDICATED. 144255.10 S.F.) 111,1113 I 20' k _--- v�9VEL TRNk-- 8 U.E.) EX SIDEWALx-_.;-- - �^ �' NI EX SIDEWAL14 K�''�%'� `XISTING I hl N '� BUILDING ACCES � �2o !-20 _LORD, #sosN87°22' i4 W 140 �� �� ----- --- ____ 5.0' g LEGAL DESCRIPTION: (PARCEL #765-05159-000) i•P Requested 2 E., centered on existing OH line (shown in blue) Apart of Lot 25 and apart of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Comer of said Lot 25 thence S86°5T17•E 20,00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 43.74 feet, thence S86°57'17'E 160.31 feet, thence S02°41'21 •W 43.74 feet, thence S36°10'24"W 36.24 feet, thence N87122'44'W 140.30 feet, thence NO2°40'43"E 31.39 feet to the POINT OF BEGINNING: Containing 0.27 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Comer of said Lot 25 thence S86°57'17'E 20.00 feet, thence S02140'431W 10.00 feet, thence Si 20.00 feet to the POINT OF BEGINNING, thence N02140'43"E 20.00 feet, thence S86"5T17"E 130.30 feet, thence S02°41'21'W 7.05 feet, thence S36'1O'241W 15.46 feet, thence N86"57'17'W 121.77 feet to the POINT OF BEGINNING: Containing 2,550.82 square feet or 0.06 acres more or less. LEGAL DESCRIPTION: (ACCESS d UTILITY EASEMENT) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Comer of said Lot 25 thence S86"57'17'E 20.00 feet, thence NO2°40'43'E 23.74 feet to the POINT OF BEGINNING: thence N02140'43'E 20.00 feet, thence S86°57117'E 160.31 feet, thence S02°41'21 •W 43.74 feet, thence S36"10'24"W 36.24 feet, thence N87122'44"W 5.01 feet, thence NO2°41'21'E 54.13 feet, thence N86157'171W 135.31 feet to the POINT OF BEGINNING: Containine 4.255.10 sduare feet or 0.10 acres more or less. J O R G E N S E N Fa SunbrA ge Drive, Suite 5 Fayetteville, AR 72703 2.9127 +ASSOCIATES Office: 9.582. 807 Fax: 479.582.4807 Civil Engineering + Surveying www.jorgensenassoc.com 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE. ARKANSAS 72703 • (479) 442.9127 . FAX (479) 582-4807 SCALE: 1°=30' 1 DATE REVISED I CHECKED BY: I DRAWN BY: BJR DATE: AUGUST 19, 2020 DLJ I Z:\LOTS\2019051\UE VAC I UTILITY EASEMENT VACATION AND ACCESS AND UTILITY EASEMENT DEDICATION FOR I JON BRITTENUM I J O R G E N S E N =--I W Sunbridge Suite 5 Ow') va e"ev le, AR 727C+ASSOCIATES "ce 179"'429'1' 5s'ac snzd '9a5 July 13, 2021 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: UE Vacation (1548 N Leverett Street) Please accept this request to vacate a part of an existing easement at the referenced location. This vacation, will only vacate a portion of easement not needed or requested by an franchise utility companies. The portion of existing remaining easement will be held for the existing overhead electric as per AEP's request. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; \6 BI k E. Jorgensen, PE Utility Easement Vacate PETITION TO VACATE A'UTILITY EASEMENT LOCATED IN LOT 25 AND 26 OF EVIN'S FARM, 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 easement hereinafter sought to be abandoned and vacated, lying in Lot 25 and 26 of Evin's Farm, City of Fayetteville, Arkansas, a munldpal corporation, petition to vacate said easement which is described as follows: A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Comer of said Lot 25 thence S86'57'17"E 20.00 feet, thence S02-40.43"W 10:00 feet', thence S86-57'17"E 20.00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 20.00 feet, thence S86'57'17"E 130.30 feet, thence S02°41'21"W 7.05 feet, thence S36'10'24"W 15.46 feet, thence N86'57'17"W 121.77 feet to the POINT OF BEGINNING: Containing 2,550.82 square feet or 0.06 acres more or less. That the abutting real estate affected by said abandonment would not be adversely affected. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further 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 z. Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utjllity and sewer 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 be free from the easements of the public for the use of said easement_ Dated this 0 day of kc,us+ , 2019. Name Signature Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0644 Legistar File ID 9/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/20/2021 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2021-000022: Vacation (1548 N. LEVERETT AVE./BRITTENUM PROPERTIES, 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1548 N. LEVERETT AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.27 acres. The request is to vacate a 0.05 acre portion of a general utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 7, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: August 20, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000022: Vacation (1548 N. LEVERETT AVE./BRITTENUM PROPERTIES, 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1548 N. LEVERETT AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.27 acres. The request is to vacate a 0.05 acre portion of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2021-000022 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. A new, 20-foot access and utility easement is granted, centered on the existing overhead line as indicated in Exhibit C; 2. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property at 1548 N. Leverett Avenue, which is 0.27 acres, includes a portion of an existing general utility easement located on parts of lot 25 and 26 of the Evin's Farm subdivision. The property is currently developed with a 3,232 square -foot multifamily structure which was constructed on the property in 1940. In 2007 a portion of unused right-of-way was vacated, and a general utility easement was platted in its place. An overhead power line is located within a portion of the general utility easement. Request: The applicant proposes a vacation of a portion of an existing utility easement as indicated in the attached exhibits, totaling approximately 2,251.49 square feet (0.05 acres). The applicant has not provided a stated intent behind the request. DISCUSSION: The applicant submitted the required approval from the public and private utility providers with no objections. SWEPCO/AEP conditioned their approval on the dedication of a 20-foot easement centered on the existing overhead power line. This is included in Exhibit 'C' and is intended to Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 also serve as an access easement. With submittal of the required vacation forms and utility approval, staff recommends approval. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Exhibit C • Request Letter • Petition to Vacate VAC-2021-000022 Close Up View J 11111-1 i_r RSF-4 LAWSON ST Neighborhood Link Planning Area 4 � Fayetteville City Limits Shared -Use Paved Trail Trail (Proposed) Vacation request for w Q 1= H W Ix W W J � _V io 1 CAMORE ST — L -----------------' T !� Subject Property RMF-24 I-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J 1 1 1 1 1 1 1 / / RMF-40 1 1 1 \ �P 1 Scull Creek Connector 1 1 Scull Cr eek V�u _ on \ O y Vo V QA/ D I� / r _ <v� Feet 0 75 150 300 450 600 1 inch = 200 feet Al NORTH' RSF-4 RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial ■ C-1 C-2 LEGAL DESCRIPTION: (PARCEL #765-05159-000 A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said Lot 25 thence S86057'17"E 20.00 feet to the POINT OF BEGINNING, thence N02040'43"E 43.74 feet, thence S86057'17"E 160.31 feet, thence S02°41'21"W 43.74 feet, thence S36°10'24"W 36.24 feet, thence N87°22'44"W 140.30 feet, thence NO2°40'43"E 31.39 feet to the POINT OF BEGINNING: Containing 0.27 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said Lot 25 thence S86057'17"E 20.00 feet to the POINT OF BEGINNING, thence N02040'43"E 10.00 feet, thence S86057'17"E 160.30 feet, thence S02°41'21"W 10.00 feet, thence S36°10'24"W 3.60 feet, thence N87°29'45"W 128.66 feet, thence S86°03'39"W 29.85 feet, thence N02040'43"E 7.86 feet to the POINT OF BEGINNING: Containing 2,251.49 square feet or 0.05 acres more or less subject to easements and right of way of record. Exhibit C LEGEND X CALCULATED POINT O FOUND CONCRETE NAIL • FOUND IRON PIN O SET IRON PIN ©, POWER POLE CENTERLINE STREET LOT LINE _ _BOUNDARY LINE _ STREET RIGHT OF WAY R/W _ UTILITY EASEMENT _ UTILITY EASEMENT TO BE VACATED ACCESS & UTILITY TEASE�MEN�T DEDICATED E/'L'111: I 1 I 1 NOTES: 1. CURRENT ZONING: RMF-24. 2. PARCEL NUMBER: 765-05159-000. 3. ROTATION BASED ON ARKANSAS STATE PLANE GRID NORTH ZONE (NAD83). 4. OWNER: J & M REAL ESTATE HOLDINGS LLC. - 4034 N. OLD WIRE ROAD - FAYETTEVILLE, AR. 72703. 5. THIS PROPERTY IS NOT AFFECTED BY THE 100 YEAR FLOOD PLAIN AS PER FIRM #05143CO21 OF DATED MAY 16, 2008. Certificate of Ownership and Dedication: LINE TABLE LINE LENGTH BEARING L1 10.00' S02°40'43"W L2 20.00' S86'57'17"E L3 20.00' NO2°40'43"E L4 130.30' S86'57'17"E L5 7.05' S02041'21"W L6 15.46' S36°10'24"W L7 121.77' N86-57'17"W L8 135.31' N86-57'17"W L9 54.13' NO2°41'21"E N W E S We, the undersigned owners, representing one hundred percent (100 %) ownership of the real estate shown and described herein, do hereby dedicate for public ownership, all streets and alleys as shown on this plat for public benefit as prescribed by law. The owners also dedicate to the City of Fayetteville and to the public utility companies (including any cable television company holding a franchise granted by the City of Fayetteville) the easements as shown on this plat for the purpose of installation of new facilities and the repair of existing facilities. Also established hereby is the right of ingress and egress to said easements, the right to prohibit the erection of buildings, structures, or fences within said easement, and the right to remove or trim trees within said easements. lip Date Owner ACCESS & U.E. j 1 1-�-/ 986*57'17"E 60_11' TO BE DEDICATED. JP7777717.�'Tr r -, _... � _ - - - - TO BE S.F.) SIDEWALK OPERA wVzo L8s 25' XISTING BUILDING jSWCORNNEERR 0 // / �"'i/�� i�1lGro/ r`aJr�Lut{51 P I� r�/ .,/� /i1� •�.e �iw/i/:�r!/� BI .5' R/W AS EX. 20' U.E. PORTION OF 20' U.E. FR AA Q ^ _ _ ,,,„, ,,,,­, TO BE VACATED. jY a 40-20__- N87°22'44"W �an_zn_� y LEGAL DESCRIPTION: (PARCEL#765-05159-000)-7-CEF- Kequestea LU- U.C., centerea on existing OH line ((shown in blue) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the S Corner of said Lot 25 thence S86°57'17"E 20.00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 43.74 feet, thence S86°57'17"E 160.31 feet, thence S02°41'21 "W 43.74 feet, thence S36°10'24"W 36.24 feet, thence N87°22'44"W 140.30 feet, thence NO2°40'43"E 31.39 feet to the POINT OF BEGINNING: Containing 0.27 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (UTILITY EASEMENT VACATION) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said Lot 25 thence S86°57'17"E 20.00 feet, thence S02°40'43"W 10.00 feet, thence S86°57'17"E 20.00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 20.00 feet, thence S86°57'17"E 130.30 feet, thence S02°41'21"W 7.05 feet, thence S36°1 O'24"W 15.46 feet, thence N86°57'17"W 121.77 feet to the POINT OF BEGINNING: Containing 2,550.82 square feet or 0.06 acres more or less. LEGAL DESCRIPTION: (ACCESS & UTILITY EASEMENT) A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows: Commencing at the SW Corner of said Lot 25 thence S86°57'17"E 20.00 feet, thence NO2°40'43"E 23.74 feet to the POINT OF BEGINNING; thence NO2o4O'43"E 20.00 feet, thence S86°57'17"E 160.31 feet, thence S02°41'21 "W 43.74 feet, thence S36°10'24"W 36.24 feet, thence N87°22'44"W 5.01 feet, thence NO2°41'21"E 54.13 feet, thence N86°57'17"W 135.31 feet J O R G E N S E N Drive, Suite 5 W Sulle, Fa AR Fayetteville, AR 72703 +ASSOCIATES Office: 479.442.9127 Fax: 479.582.4807 vCivil Engineering + Surveying www.jorgensenassoc.com 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 SCALE: 1"=30' 1 DATE REVISED I CHECKED BY: I DRAWN BY: BJR DATE: AUGUST 19, 2020 DLJ I Z:\LOTS\2019051\UEVAC UTILITY EASEMENT VACATION AND ACCESS AND UTILITY EASEMENT DEDICATION FOR JON BRITTENUM 0. JORGENSEN r +ASSOCIATES Civil Engineering - Surveying July 13, 2021 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: UE Vacation (1548 N Leverett Street) 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.jorgensenassoc.com Established 1985 Please accept this request to vacate a part of an existing easement at the referenced location. This vacation, will only vacate a portion of easement not needed or requested by an franchise utility companies. The portion of existing remaining easement will be held for the existing overhead electric as per AEP's request. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; 1�6 BI k E. Jorgensen, PE Utility Easement Vacate PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOT 25 AND 26 OF EVIWS FARM, 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 easement hereinafter sought to be abandoned and vacated, lying in Lot 25 and 26 of Evin's Farm, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said easement which is described as follows, A part of Lot 25 and a part of Lot 26 of Evin's Farm in Washington County, Arkansas, and being described as follows, Commencing at the SW Corner of said Lot 25 thence S86°57'17"E 20.00 feet, thence S02'40'43"W 10.00 feet, thence S86°57'17"E 20.00 feet to the POINT OF BEGINNING, thence NO2°40'43"E 20.00 feet, thence S86`57'17"E 130.30 feet, thence S02°41'21"W 7.05 feet, thence S36°10'24"W 15.46 feet, thence N86°57'17"W 121.77 feet to the POINT OF BEGINNING: Containing 2,550.82 square feet or 0.06 acres more or less. That the abutting real estate affected by said abandonment would not be adversely affected The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further 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, subject to said utility and sewer 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 be free from the easements of the public for the use of said easement. Dated this ' day ofA>cu-,+-- 2019. Name Signature NoxTHWEsr AxKAWSA,s Demomt ma et�e P.C. BOX 1607. FAYETTEVILLE, AR, 727C2. 479-442-1100 - FAX: 479-695-111a - WiVW NWADG COM 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 6474 Was inserted in the Regular Edition on: September 19, 2021 Publication Charges: $123.12 BriSmith Subscribed and sworn to before me This Z 1 day of S,,&, 2021. Notary Public My Commission Expires: Z_�Z411 **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: 6474 File Number: 2021-0644 VAC-2021-022 (1549 N. LEVERETT AVE.BRITTENUM PROPERTIES): AN ORDINANCE TO APPROVE VAC 21-0022 FOR PROPERTY LOCATED AT IWNORTH LEVERETT AVENUE 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 following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. A 20400t access and utility easement centered on the existing overhead line shall be dedicated as indicated in Exhibit C. Ordinance: 6474 File Number: 2021-0644 PASSED and APPROVED on 9n/2021 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: S 123.12 75465599 Sept 19, 2021