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HomeMy WebLinkAboutOrdinance 6483 1IIIIIIIIIIIIIIIIIIIII11111IIIIIIIIIIhillIIIII11111IIIIIIIIII0111IIIIIIII!IIII Doc ID: 020151400004 Type: REL Kind: ORDINANCE Recorded: 09/30/2021 at 03:25:59 PM oEF�YF fL Fee Amt: $30.00 Page 1 of 4 Washington County, AR �\ Kyle Sylvester Circuit Clerk 1 /�7 7 7 1 File2021-0003 I I I 1 �\Rk_ANsn 113 West Mountain Street Fayetteville,AR 72701 (479)575-8323 +a gj j\P Ordinance: 6483 File Number: 2021-0688 VAC-2021-024(959 E. DOGWOOD LN./MOSLEY): AN ORDINANCE TO APPROVE VAC 21-024 FOR PROPERTY LOCATED AT 959 EAST DOGWOOD LANE 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 a 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 9/21/2021 Page 1 Printed on 9/22/21 Ordinance: 6483 File Number.' 2021-0688 Approve : Attest: Lioneld Jor . M or Kara Paxton. City Clerk Treasurer Page 2 Printed on 9/22/21 VAC-2021-000024 Mosley EXHIBIT 'A' Close Up View R NI F-6 Rs! -4 •DOGWOOD LN- ALLEY 697 Subject Property MISSOURI WAY ��y O. PS S`"�L'"Eo NORTH_ t'-t R RSF-4 Feet RMF-6 Hillside-Hilltop Overlay District P-1 0 35 70 140 210 280 . -▪ I Planning Area • - = 1 inch = 100 feet - Fayetteville City Limits VAC-2021-000024 EXHIBIT 'B' LEGAL OF UE AREA PROPOSED TO BE VACATED: PETITION TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT LOCATED IN PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2), LYING EAST OF THE CENTERLINE OF A CREEKBED (AS IT EXISTS) IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS 959 E. DOGWOOD LANE, FAYETTEVILLE, ARKANSAS, 72701 (PARCEL ID #765-05736-001) ARA JOB #21146 AREA OF UTILITY EASEMENT TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO(2), LYING EAST OF THE CENTERLINE OF A CREEK BED(AS IT NOW EXISTS) IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT SEVEN(7), SAID POINT BEING AN EXISTING IRON REBAR; THENCE S89°44'31"W 26.76 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7)TO A POINT;THENCE N86°33'45"W 148.52 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7)TO A POINT; THENCE S84°26'49"W 28.35 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7)TO AN EXISTING 1/2" IRON REBAR: THENCE LEAVING THE NORTH LINE OF SAID LOT SEVEN (7), SOO°57'59"W 16.61 FEET TO A POINT ON A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE,ARKANSAS; THENCE S84°26'49"W 72.94 FEET ALONG SAID SETBACK AND EASEMENT LINE TO A POINT ON THE EAST BOUNDARY OF AN EXISTING TWENTY-FIVE(25) FOOT WIDE UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID TWENTY-FIVE(25) FOOT WIDE EASEMENT, THE FOLLOWING BEARINGS AND DISTANCES: S15°37'03"W 22.04 FEET; S05°11'40"E 60.63 FEET; S14°43'35"W 33.08 FEET TO A POINT ON A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE,ARKANSAS; THENCE S83°16'00"W 9.50 FEET ALONG SAID SETBACK AND EASEMENT LINE TO A POINT;THENCE LEAVING SAID SETBACK AND EASEMENT LINE AND FOLLOWING A LINE WHICH IS FIFTEEN (15) FEET PERPENDICULAR TO AND PARALLEL WITH AN EXISTING OVERHEAD POWER LINE, THE FOLLOWING BEARINGS AND DISTANCES: NOO°07'56"E 7.55 FEET: N07°04'02"E 107.48 FEET TO A POINT A FIFTEEN(15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE N84°26'49"E 5.07 FEET ALONG SAID SETBACK AND EASEMENT LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 963 SQUARE FEET, MORE OR LESS Washington County,AR I certify this instrument was filed on 09/30/2021 03:25:59 PM and recorded in Real Estate File Number 2021-00037771 Kyle Sylvester- Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0688 Agenda Date: 9/21/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.7 VAC-2021-024 (959 E. DOGWOOD LN./MOSLEY): AN ORDINANCE TO APPROVE VAC 21-024 FOR PROPERTY LOCATED AT 959 EAST DOGWOOD LANE 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 a 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 912212021 City of Fayetteville Staff Review Form 2021-0688 Legistar File ID 9/21/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/3/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2021-000024: Vacation (959 E. DOGWOOD LN./MOSLEY, 486): Submitted by ALAN REID AND ASSOCIATES, INC. for property located at 959 E. DOGWOOD LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.34 acres. The request is to vacate an approximately 0.02 acre portion of a general utility easement. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 21, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: September 3, 2021 CITY COUNCIL MEMO SUBJECT: VAC-2021-000024: Vacation (959 E. DOGWOOD LN./MOSLEY, 486): Submitted by ALAN REID AND ASSOCIATES, INC. for property located at 959 E. DOGWOOD LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.34 acres. The request is to vacate an approximately 0.02 acre portion of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2021-000024 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 east of Downtown Fayetteville, on the south side of Dogwood Lane, and two lots west of Dogwood's intersection with Assembly Drive. The property is developed with a single-family dwelling which County records indicate was built in 2012. The property is encumbered by general utility or access easements along the north, south, and west property lines, all of which were dedicated with the property's creation in 2010. An existing, overhead utility line generally parallels the property's west boundary. Terrain on the property is sloped downward from the southeast to northwest, with slopes ranging from 20-30% and a designation of Hillside - Hilltop Overlay District across the entire lot. Request: The applicant proposes vacation of a portion of an existing utility easement as indicated in the attached exhibits, totaling approximately 963 square feet (0.02 acres). The property owner proposes use of the area for a deck. Given the topography of the property, almost any expansion of the dwelling westward will conflict with easement and be prohibited from permitting. DISCUSSION: The applicant submitted the required approvals from the public and private utility providers with no objections. The existing overhead Cox Communications line along the western boundary falls within the bounds of the remaining easement that is not proposed for vacation. With submittal of the required vacation forms and utility consent, staff recommends approval. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate VAC-2021-000024 I Mosley EXHIBIT 'A' Close Up View / MISSOURI Hillside -Hilltop Overlay District - Planning Area — Fayetteville City Limits RSF-4 Feet 0 35 70 140 210 280 1 inch = 100 feet A& NORTH RSF-4 RM F-6 P-1 VAC-2021-000024 EXHIBIT `B' LEGAL OF LIE AREA PROPOSED TO BE VACATED: PETITION TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT LOCATED IN PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2), LYING EAST OF THE CENTERLINE OF A CREEKBED (AS IT EXISTS) IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS 959 E. DOGWOOD LANE, FAYETTEVILLE, ARKANSAS, 72701 (PARCEL ID #765-05736-001) ARA JOB #21146 AREA OF UTILITY EASEMENT TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2), LYING EAST OF THE CENTERLINE OF A CREEK BED (AS IT NOW EXISTS) IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AN EXISTING IRON REBAR; THENCE S89°44'31"W 26.76 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7) TO A POINT; THENCE N86°33'45"W 148.52 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7) TO A POINT; THENCE S84°26'49"W 28.35 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7) TO AN EXISTING 1/2" IRON REBAR; THENCE LEAVING THE NORTH LINE OF SAID LOT SEVEN (7), S00°57'59"W 16.61 FEET TO A POINT ON A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE S84026'49"W 72.94 FEET ALONG SAID SETBACK AND EASEMENT LINE TO A POINT ON THE EAST BOUNDARY OF AN EXISTING TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID TWENTY-FIVE (25) FOOT WIDE EASEMENT, THE FOLLOWING BEARINGS AND DISTANCES: S15037'03"W 22.04 FEET; S05°11'40"E 60.63 FEET; S14043'35"W 33.08 FEET TO A POINT ON A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE S83016'00"W 9.50 FEET ALONG SAID SETBACK AND EASEMENT LINE TO A POINT; THENCE LEAVING SAID SETBACK AND EASEMENT LINE AND FOLLOWING A LINE WHICH IS FIFTEEN (15) FEET PERPENDICULAR TO AND PARALLEL WITH AN EXISTING OVERHEAD POWER LINE, THE FOLLOWING BEARINGS AND DISTANCES: N00007'56"E 7.55 FEET; N07004'02"E 107.48 FEET TO A POINT A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE N84026'49"E 5.07 FEET ALONG SAID SETBACK AND EASEMENT LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 963 SQUARE FEET, MORE OR LESS VAC-2021-000024 REQUEST LETTER July 29, 2021 City of Fayetteville Planning & Engineering 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Easement Reduction - Mosley Joint Revocable Trust 959 E. Dogwood Lane, Fayetteville, AR, 72701 Dear City of Fayetteville City Council_ & ASSOCIATES PRCFESICIINNAI LAND SIJ %.'Cr0l ,L On behalf of my client, David Mosley. I and submitting for your review a utility easement reduction request_ The reduction is requested primarily for the purpose of using that area for future deck construction_ The subject property is parcel 765-05736-001 and has an address of_ 959 E- Dogwood Lane, Fayetteville, AR, 72701_ The area that the easement reduction is requested for is shown through cross -hatching on the attached survey- The property is currently zoned RSF-4 {Residential Single-family four units per acre}; it is also located within the Hillside/Hilltop Overlay District_ Thank you for your review and consideration of the request - If you have any questions, please feel free to call me at my office. 4.� Be regards, Alan Reid Professional Land Surveyor Arkansas Registration 1005 479.444.8784 11 B S. 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Z0ZZ 01I naN jn pl I a zl 4yn 6Z ? mm m..orpy f'1 u i I I ! uNni� to zn I z 2n y�zc, AAm�zom�p Z nmQ m �Zpr 1 I I I v0 �' al OI 1 b'I <m sl b �InmN i K m6cmi�mz '�p2R mm<m ��� Z7 � Z ��� KoAw -R a bl b zl I �1 - I 1 mE ml T^I ml zl 6F'IWR I>tl a �rnm I � zozo I I �p �O b�y02 1 I �zmmzA4c4rnc �^ ��� �- � p�Q moron I I I I SI I I 1 1 op1v'` I 1 -OYm 1 1 zvzinr�x i I I m''I pan�q,R OI OI NmN� Cs*Ri l'Io �I _ m oC, x � 01 I F I 1 zl y�.�z 1 z! ��zuzi��nom a1 �I =I?maa +RAR �z� .iloa iU y I m n U3 33G (n ML GY L� �SINM 0moq ! I —2M 2"cY M1ry m„ym��nm=� 4V �ooa 7 F x � Z _ d {DjCCO�m A� jmzzai mm�.nl`I�v z cm-,N� wNo :CIO y iN ONI2.1 _ � I ZOm DR 6F VAC-2021-000024 PETITION TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT LOCATED IN PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2), LYING EAST OF THE CENTERLINE OF A CREEKBED (AS IT EXISTS) IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS. (959 E. Dogwood Lane, Fayetteville, AR, 72701 / Washington County Parcel ID 765-05736-001) To: The Fayetteville City Council We, the undersigned, being all the owners of real estate abutting the utility easement hereinafter sought to be abandoned and vacated, located within part of lot numbered seven (7) in block numbered two (2), lying east of the centerline of a creekbed (as it exists) in Goff Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows (please see attached drafted survey for a visual): AREA OF UTILITY EASEMENT TO BE VACATED A PART OF LOT NUMBERED SEVEN (7) IN BLOCK NUMBERED TWO (2), LYING EAST OF THE CENTERLINE OF A CREEK BED (AS IT NOW EXISTS) IN GOFF ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT SEVEN (7), SAID POINT BEING AN EXISTING IRON REBAR; THENCE S89°44'31"W 26.76 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7) TO A POINT; THENCE N86°33'45"W 148.52 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7) TO A POINT; THENCE S84°26'49"W 28.35 FEET ALONG THE NORTH LINE OF SAID LOT SEVEN (7) TO AN EXISTING 1l2" IRON REBAR; THENCE LEAVING THE NORTH LINE OF SAID LOT SEVEN (7), S00°57'59"W 16.61 FEET TO A POINT ON A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE S84°26'49"W 72.94 FEET ALONG SAID SETBACK AND EASEMENT LINE TO A POINT ON THE EAST BOUNDARY OF AN EXISTING TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID TWENTY-FIVE (25) FOOT WIDE EASEMENT, THE FOLLOWING BEARINGS AND DISTANCES: S15°37'03"W 22.04 FEET; S05°11'40"E 60.63 FEET; S14°43'35"W 33.08 FEET TO A POINT ON A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE S83°16'00"W 9.50 FEET ALONG SAID SETBACK AND EASEMENT LINE TO A POINT; THENCE LEAVING SAID SETBACK AND EASEMENT LINE AND FOLLOWING A LINE WHICH IS FIFTEEN (15) FEET PERPENDICULAR TO AND PARALLEL WITH AN EXISTING OVERHEAD POWER LINE, THE FOLLOWING BEARINGS AND DISTANCES: N00°07'56"E 7.55 FEET; N07°04'02"E 107.48 FEET TO A POINT A FIFTEEN (15) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT LINE AS ESTABLISHED FROM THE MASTER STREET PLAN OF FAYETTEVILLE, ARKANSAS; THENCE N84°26'49"E 5.07 FEET ALONG SAID SETBACK AND EASEMENT LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 963 SQUARE FEET, MORE OR LESS That no other abutting real estate is affected by said abandonment of the general utility easement and that the public interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. third August Dated this day of 2021. David L. Mosley & Sue P. Mosley (Mosley Joint Revocable Trust) Printed Name Signature 08/03/2021 08/03/2021 Democrat azette G." ,^,7. 1r07 c.ir.:i.1,G 72719•d : 170C • r:i:! .:g.�95.p'S • 'd.,r� ..:V.'i�D .�.��. AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal CIerk 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 6483 Was inserted in the Regular Edition on: September 26, 2021 Publication Charges: $107.92 S,;4- Brittany Smith Subscribed and sworn to before me This Z7day of�,-, 2021. I 0�_ L Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC — A.aKANSAS My Commission Expires 02.20.2024 Commission No, 12397118 Ordinance:6483 File Number: 2021-0688 VAC-2021-024 (959 E. DOGWOOD LN./MOSLEY): AN ORDINANCE TO APPROVE VAC 21-024 FOR PROPERTY LOCATED AT 959 EAST DOGWOOD LANE 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 a 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Cleric 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/developces expense. PASSED and APPROVED on 9212021 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: $107.92 75470028 Sept 26, 2021