HomeMy WebLinkAboutOrdinance 6611KI ID: 020799660004 Type: REl
Kind: ORDINANCE
-If.+ Recorded: 10/21/2022q2; Oq qry
Fee qmi: $30.Op Pape 1 or 4
Mashlnpton County, qp
Kyle Sylvester Clrcult Clerk
113 West Mountain Street File2022-00034462
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6611
File Number: 2022-0866
VAC 22-020 (1070 N. MARINONI DRIMARINONI INC.):
AN ORDINANCE TO APPROVE VAC 22-020 FOR PROPERTY LOCATED AT 1070 NORTH
MARINONI DRIVE IN WARD 4 TO VACATE A PORTION OF A 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 utility easement
is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a
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 following conditions:
I. Any damage to or relocation of existing facilities will be at the applicant/developer's
expense;
2. This vacation shall have no effect on or vacate any easement containing existing Cox
facilities in the area
Papa 1 Prrnbdon re/q/Ia
Ordinance: 6611
File Number: 2022-0866
PASSED and APPROVED on 10/4/2022
Attest:
Kara P ton. City Clerk Treasurer
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Page 2 Printed on 1015122
EXHIBITS'
VAC-2022-0020
EASEMENT ABANDONMENT DESCRIPTION:
THE BELOW DESCRIBED DESCRIPTION ABANDONS A PORTION OF THE EASEMENTS DESCRIBED IN
RIGHT-OF-WAY GRANT RECORDED IN BOOK 888 AT PAGE 769, FILED JULY 31, 197S, CORRECTION
RIGHT-OF-WAY GRANT RECORDED IN BOOK 888 AT PAGE 895 AND IN RIGHT-OF-WAY GRANT RECORDED
IN BOOK 1053 AT PAGE 199, ALL IN WASHINGTON COUNTY, ARKANSAS:
PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER (SE 1/4); THENCE N02026'35"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4)
OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE WEST LINE OF THE WESTWOODS
SUBDIVISION, AN ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, 659.67
FEET TO AN EXISTING REBAR IN CONCRETE MARKING THE NORTHWEST CORNER OF SAID WESTWOODS
SUBDIVISION AND THE SOUTHWEST CORNER OF VALLEY VIEW, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING THE WEST LINE OF SAID
WESTWOODS SUBDIVISION, N02019'46"E, CONTINUING ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE WEST LINE OF
SAID VALLEY VIEW, 663.28 FEET TO AN EXISTING 5/8" REBAR MARKING THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE
NORTHWEST CORNER OF SAID VALLEY VIEW; THENCE LEAVING THE EAST LINE OF THE SOUTHEAST
QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE WEST LINE OF
SAID VALLEY VIEW, N02059'00"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, 845.21 FEET TO AN EXISTING 4-INCH CONCRETE
CYLINDER MARKING THE SOUTHEAST CORNER OF CAMELOT 1 ADDITION, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING THE EAST LINE OF THE NORTHEAST
QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, N87007'46"1N, ALONG THE
SOUTH LINE OF SAID CAMELOT 1 ADDITION, 170.83 FEET TO THE POINT OF BEGINNING; THENCE LEAVING
THE SOUTH LINE OF SAID CAMELOT I ADOITION, S02058'54"W, 15.45 FEET TO A POINT; THENCE
S54020'54'W, 1295.46 FEET TO A POINT; THENCEN86027'06"W, 453.44 FEET TO A POINT; THENCE
N87042'28"W, 793.98 FEET TO A POINT; THENCE N02022'52"E, 11.67 FEET TO A POINT ON THE SOUTH
LINE OF MCMILLAN ESTATES, AN ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, FILED DECEMBER 10, 2002; THENCE S88017'16"E, ALONG THE SOUTH LINE OF SAID
MCMILLAN ESTATES, 1102.70 FEET TO AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF LOT 9
OF SAID MCMILLAN ESTATES; THENCE LEAVING THE SOUTH LINE OF SAID MCMILLAN ESTATES,
N02020'30"E, ALONG THE EAST LINE OF LOT 9 OF SAID MCMILLAN ESTATES, 2.17 FEET TO A POINT;
THENCE LEAVING THE EAST LINE OF LOT 9 OF SAID MCMILLAN ESTATES, S87042'28"E, 140,36 FEET TO A
POINT; THENCE N54033'54"E, 282,24 FEET TO A POINT; THENCE N54031'00"E, 984.08 FEET TO A POINT;
THENCE N02058'S4"E, 1.81 FEET TO A POINT ON THE SOUTH LINE OF SAID CAMELOT I ADDITION; THENCE
S87007'46"E, ALONG THE SOUTH LINE OF SAID CAMELOT I ADDITION, 25.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1.401 ACRES, MORE OR LESS.
Washington County, AR
I cart"' this
instrument was filed on
10121/2022 09:42:04 AM
and recorded in Real Estate
File Number 2022-00034462
Kyle Sylvester - Circult Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0866
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: CA
VAC 22-020 (1070 N. MARINONI DR/MARINONI INC.):
AN ORDINANCE TO APPROVE VAC 22-020 FOR PROPERTY LOCATED AT 1070 NORTH
MARINONI DRIVE IN WARD 4 TO VACATE A PORTION OF A 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 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 a 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 following conditions:
1. Any damage to or relocation of existing facilities will be at the applicant/developer's expense;
2. This vacation shall have no effect on or vacate any easement containing existing Cox facilities in the
area.
City of Fayetteville, Arkansas Page 1 Printed on 101512022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0866
Legistar File ID
10/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/16/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2022-0020: Vacation (1070 N. MARINONI DR/MARINONI INC., 441): Submitted by CRAFTON TULL for property
located at 1070 N. MARINONI DR. in WARD 4. The property is zoned UT, URBAN THOROUGHFARE and contains
approximately 84.50 acres. The request is to vacate approximately 1.40 acres of a 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 OCTOBER 4, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: September 16, 2022
CITY COUNCIL MEMO
SUBJECT: VAC-2022-0020: Vacation (1070 N. MARINONI DR/MARINONI INC., 441):
Submitted by CRAFTON TULL for property located at 1070 N. MARINONI DR. in
WARD 4. The property is zoned UT, URBAN THOROUGHFARE and contains
approximately 84.50 acres. The request is to vacate approximately 1.40 acres of
a utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2022-0020 as shown in the attached Exhibits 'A' and 'B', and
with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense;
2. This vacation does not approve any vacation of existing Cox plant in the area;
3. A 25-foot utility easement along the property's Futrall Drive frontage must be dedicated,
as requested by SWEPCO;
4. A 20-foot utility easement along the property's W. Wedington Drive frontage must be
dedicated, as requested by SWEPCO.
BACKGROUND:
This property is located southeast of W. Wedington Drive's intersection with Interstate 1-49. The
property is zoned UT, Urban Thoroughfare, and it received that designation in January 2021 with
approval of Ordinance 6398 by City Council. The property contains approximately 84.50 acres
and is currently primarily used as a cattle pasture with associated agricultural outbuildings.
Request: The applicant proposes to vacate an existing general utility easement as indicated in
the attached exhibits and totaling approximately 1.40 acres. The applicant intends to further
develop the property through subdivision and street improvements; an associated lot split is
currently under review at this site (LSP-2022-0053).
DISCUSSION:
The applicant submitted the required approvals with no objections, though several utility providers
issued added conditions for consideration. With submittal of the required vacation forms, adjacent
property owner 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
• Survey
VAC-2022-0020
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EXHIBIT 'B'
VAC-2022-0020
EASEMENT ABANDONMENT DESCRIPTION:
THE BELOW DESCRIBED DESCRIPTION ABANDONS A PORTION OF THE EASEMENTS DESCRIBED IN
RIGHT-OF-WAY GRANT RECORDED IN BOOK 888 AT PAGE 769, FILED JULY 31, 197S, CORRECTION
RIGHT-OF-WAY GRANT RECORDED IN BOOK 888 AT PAGE 895 AND IN RIGHT-OF-WAY GRANT RECORDED
IN BOOK 1053 AT PAGE 199, ALL IN WASHINGTON COUNTY, ARKANSAS:
PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST,
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING MONUMENT MARKING THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER (SE 1/4); THENCE N02026'35"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE 1/4)
OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE WEST LINE OF THE WESTWOODS
SUBDIVISION, AN ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, 659.67
FEET TO AN EXISTING REBAR IN CONCRETE MARKING THE NORTHWEST CORNER OF SAID WESTWOODS
SUBDIVISION AND THE SOUTHWEST CORNER OF VALLEY VIEW, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING THE WEST LINE OF SAID
WESTWOODS SUBDIVISION, N02019'46"E, CONTINUING ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE WEST LINE OF
SAID VALLEY VIEW, 663.28 FEET TO AN EXISTING 5/8" REBAR MARKING THE NORTHEAST CORNER OF THE
SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE
NORTHWEST CORNER OF SAID VALLEY VIEW; THENCE LEAVING THE EAST LINE OF THE SOUTHEAST
QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7 AND THE WEST LINE OF
SAID VALLEY VIEW, N02059'00"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, 845.21 FEET TO AN EXISTING 4-INCH CONCRETE
CYLINDER MARKING THE SOUTHEAST CORNER OF CAMELOT I ADDITION, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING THE EAST LINE OF THE NORTHEAST
QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 7, N87"07'46"W, ALONG THE
SOUTH LINE OF SAID CAMELOT I ADDITION, 170.83 FEET TO THE POINT OF BEGINNING; THENCE LEAVING
THE SOUTH LINE OF SAID CAMELOT I ADDITION, S02058'54"W, 15.45 FEET TO A POINT; THENCE
S54020'54"W, 1295.46 FEET TO A POINT; THENCEN86027'06"W, 453.44 FEET TO A POINT; THENCE
N87042'28"W, 793.98 FEET TO A POINT; THENCE N02022'52"E, 11.67 FEET TO A POINT ON THE SOUTH
LINE OF MCMILLAN ESTATES, AN ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, FILED DECEMBER 10, 2002; THENCE S88017'16"E, ALONG THE SOUTH LINE OF SAID
MCMILLAN ESTATES, 1102.70 FEET TO AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF LOT 9
OF SAID MCMILLAN ESTATES; THENCE LEAVING THE SOUTH LINE OF SAID MCMILLAN ESTATES,
N02020'30"E, ALONG THE EAST LINE OF LOT 9 OF SAID MCMILLAN ESTATES, 2.17 FEET TO A POINT;
THENCE LEAVING THE EAST LINE OF LOT 9 OF SAID MCMILLAN ESTATES, S87042'28"E, 140.36 FEET TO A
POINT; THENCE N54033'54"E, 282.24 FEET TO A POINT; THENCE N54031'00"E, 984.08 FEET TO A POINT;
THENCE N02058'54"E, 1.81 FEET TO A POINT ON THE SOUTH LINE OF SAID CAMELOT I ADDITION; THENCE
S87007'46"E, ALONG THE SOUTH LINE OF SAID CAMELOT I ADDITION, 25.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1.401 ACRES, MORE OR LESS.
Grafton Tull
August 19th, 2022
City of Fayetteville City Council
125 W. Mountain Street
Fayetteville, AR 72701
Re: Marinoni Road Development
Crafton Tull Job No. 22301600
To Whom It May Concern,
901 N 47th Street, Suite 400
Rogers, AR 72756
479.636.4838 (ph)
479.631.6224 (fax)
I am writing this letter in regards to the Easement Vacation Request on lands owned by Marinoni, Inc.
The vacation request is for two overlapping 25' General Utility Easements. The first of these easements
was dedicated by Right of Way Grant in 1975 (Book 888, Page 769; Amended Book 888, Page 895) with
the other easement being dedicated by Right of Way Grant in 1982 (Book 1053 Page 199). These
easements extend through parcels 765-13732-000 and 765-13731-000, owned by Marinoni, Inc. This
easement vacation request does not include any area of these easements that extends onto neighboring
properties.
A survey of this property was completed in November 2021. The existing utilities located within these
easements consisted of two sanitary sewer lines that ran in parallel. These sanitary lines are abandoned
in place and serve no current properties. No other utilities were located that utilized these easements.
Furthermore, we contacted all relevant utility companies to receive feedback on this easement vacation
request, and they have no objections.
If these easements are allowed to be vacated, it will ease the development of this area which is zoned
UT (Urban Thoroughfare). As the land is developed, new right of way and utility easements will be
dedicated to facilitate the construction of new sewer lines and waterlines that will serve this area.
Thank you for your consideration in vacating these easements. Should you have any questions, please
contact us at your earliest convenience.
Sincerely,
Crafton Tull
Conlee Hale, E.I.
PETITION TO VACATE TWO 25 FOOT WIDE GENERAL UTILITY EASEMENT
LOCATED WITHIN PARCELS 765-13732-000 AND 765-13731-000 (PART OF THE 7-
16-30 FAYETTEVILLE OUTLOTS SUBDIVISION), CITY OF FAYETTEVILLE,
ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being the owners of the real estate containing the easements hereinafter
sought to be abandoned and vacated, lying within parcels 765-13732-000 and 765-1373 1 -000,
City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the extent of two
General Utility easements which is described as follows:
THE BELOW DESCRIBED DESCRIPTION ABANDONS A PORTION OF THE EASEMENTS
DESCRIBED IN RIGHT-OF-WAY GRANT RECORDED IN BOOK 888 AT PAGE 769, FILED NLY
31, 1975, CORRECTION RIGHT-OF-WAY GRANT RECORDED IN BOOK 888 AT PAGE 895 AND
IN RIGHT-OF-WAY GRANT RECORDED IN BOOOK 1053 AT PAGE 199, ALL IN WASHINGTON
COUNTY, ARKANSAS.
PART OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION 7, TOWNSHIP 16 NORTH, RANGE
30 WEST, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING MONUMENT MARKING THE SOUTHEAST CORNER OF
SAID SOUTHEAST QUARTER (SE 1/4); THENCE NO2°26'35"E, ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SAID SECTION 7
AND THE WEST LINE OF THE WESTWOODS SUBDIVISION, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, 659.67 FEET TO AN EXISTING REBAR
IN CONCRETE MARKING THE NORTHWEST CORNER OF SAID WESTWOODS SUBDIVISIION
AND THE SOUTHWEST CORNER OF VALLEY VIEW, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS; THENCE LEAVING THE WEST LINE
OF SAID WESTWOODS SUBDIVISION, NO2°19'46"E, CONTINUING ALONG THE EAST LINE
OF SAID SOUTHEAST QUARTER (SE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SAID
SECTION 7 AND THE WEST LINE OF SAID VALLEY VIEW, 663.28 FEET TO AN EXISTING 5/8"
REBAR MARKING THE NORTHEAST CORNER OF THE SOUTHEAST. QUARTER (SE'/4) OF
THE SOUTHEAST QUARTER (SE'/4) OF SAID SECTION 7 AND THE NORTHWEST CORNER OF
SAID VALLEY VIEW; THENCE LEAVING THE EAST LINE OF THE SOUTHEAST QUARTER
(SE A) OF THE SOUTHEAST QUARTER (SE'/4) OF SAID SECTION 7 AND THE WEST LINE OF
SAID VALLEY VIEW, N02059'00"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER
(NE'/4) OF THE SOUTHEAST QUARTER (SE %4) OF SAID SECTION 7, 845.21 FEET TO AN
EXISTING 4-INCH CONCRETE CYCLINDER MARKING THE SOUTHEAST CORNER OF
CAMELOT I ADDITION, AN ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS; THENCE LEAVING THE EAST LINE OF THE NORTHEAST QUARTER
(NE'/4) OF THE SOUTHEAST QUARTER (SE'/4) OF SAID SECTION 7, N87°07'46"W, ALONG
THE SOUTH LINE OF SAID CAMELOT I ADDITION, S02°58'54"W, 15.45 FEET TO A POINT;
THENCE S54020'54"W, 1295.46 FEET TO A POINT; THENCE N02122'52"E, 11.67 FEET TO A
POINT ON THE SOUTH LINE OF MCMILLAN ESTATES, AN ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, FILED DECEMBER 10, 2002; THENCE
S88°17'16"E, ALONG THE SOUTH LINE OF SAID MCMILLAN ESTATES, 1102.70 FEET TO AN
EXISTING REBAR MARKING THE SOUTHEAST CORNER OF LOT 9 OF SAID MCMILLAN
ESATES; THENCE LEAVING THE SOUTH LINE OF SAID MCMILLAN ESTATES, NO2°20'30"E,
ALONG THE EAST LINE OF LOT 9 OF SAID MCMILLAN ESTATES, 2.17 FEET TO A POINT;
THENCE LEAVING THE EAST LINE OF LOT 9 OF SAID MCMILLAN ESTATES, S87042'28"E,
140.36 FEET TO A POINT; THENCE N54°33'54"E, 282.24 FEET TO A POINT; THENCE
N54031'00"E, 984.08 FEET TO A POINT; THENCE NO2°58'54"E, 1.81 FEET TO A POINT ON THE
SOUTH LINE OF SAID CAMELOT I ADDITION; THENCE S87°07'46"E, ALONG THE SOUTH
LINE OF SAID CAMELOT I ADDITION, 25.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.401 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of these easements are parcels 765-
22533-000 and 765-22534-000, of the McMillan Estates Subdivision, and Lot 001 of the
Camelot I Subdivision, City of Fayetteville 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 easements.
The petitioners recommend 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.
WHEREFORE, the undersigned petitioners respectfully ask that the governing body of the City
of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said
utility easements and as to that particular land the owner be free from the easements of the public
for the use of said real property.
Dated this J�''day of 20 2y.
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Received by Blake Pennington
on 9/30/22 at 10:54 AM
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Kara Paxton, City ClerklTreasurer
Susan Norton, Chief of Staff
Jonathan Curth, Development Services ect r
FROM: Blake Pennington, Assistant City Attorn
DATE: September 20, 2022
RE: VAC 22-020 --- 1070 North Mari noni Drive Utility Easement Vacation
Kit Williams
City Attorney
Blake Pennington
Assisbmt City Attomey
Jodi Batker
Paralegal
Item CA on the October 4, 2022 agenda is an ordinance vacating a portion of a utility
easement on property located at 1070 North Marinoni Drive. Initially, SWEPCO
indicated that it would require the dedication of replacement easements along the
property's Futrall and Wedington frontages, which led to the inclusion of conditions 3
and 4 in Section 3 of the ordinance.
SWEPCO has now withdrawn its request for the replacement easements and consents
to the vacation without any conditions as shown by the updated Utility Approval Form
attached to this memo.
It is my recommendation that you amend the ordinance at Tuesday's meeting to remove
conditions 3 and 4 in Section 3. 1 have attached a draft ordinance showing those
changes.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: 9/28/2022
UTILITY COMPANY: Southwestern Electric Power Company
APPLICANT NAME: Connor Threet (Crafton Tull) APPLICANT PHONE: 479-878-2467
REQUESTED VACATION (applicant must check all that apply):
x Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address The Extent of Two 25' Utility Easements within property owned by Marinoni Inc
Marinoni Inc (Parcels 765-13732-000 & 765-13731-000). Property is located south of W Wedington Dr and east of N Futrall Dr.
x (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
V No objections to the vacation(s) described above, and no comments.
❑ No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met:
Signature of Utility Company Representative
Customer Design Manager
Title
From:
Sent:
To:
Subject:
Received and confirmed.
Thanks
Get Outlook for iOS
Hayden M Merritt <hmmerritt@aep.com>
Wednesday, September 28, 2022 1:44 PM
Cody A Batten; Connor Threet
[External] Re: Marinoni Utility Sign Off
From: Cody A Batten <cabatten @aep.com>
Sent: Wednesday, September 28, 2022 12:50:04 PM
To: Connor Threet<Connor.Threet@craftontuII.com>; Hayden M Merritt <hmmerritt@aep.com>
Subject: RE: Marinoni Utility Sign Off
Hayden,
Please respond and confirm per Connors request below.
Thanks,
Cody
From: Connor Threet <Connor.Threet@craftontuII.com>
Sent: Wednesday, September 28, 2022 12:17 PM
To: Cody A Batten <cabatten @aep.com>
Subject: [EXTERNAL] Marinoni Utility Sign Off
This is an EXTERNAL email. STOP. THINK before you CLICK links or OPEN attachments. If
suspicious please click the 'Report to Incidents' button in Outlook or forward to
incidents(a)aep.com from a mobile device.
Cody,
The city is wanting either a confirmation email from Hayden or have Hayden co-sign this form, since he
signed off on the original utility release form. Can you help me with that?
Thank you,
Connor Threet, P.E.
Project Engineer I Infrastructure
I Cut) Grafton TUII (J
ORDINANCE NO.
AN ORDINANCE TO APPROVE VAC 22-020 FOR PROPERTY LOCATED AT 1070
NORTH MARINONI DRIVE IN WARD 4 TO VACATE A PORTION OF A 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 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 a 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 following conditions:
1. Any damage to or relocation of existing facilities will be at the applicant/developer's
expense;
2. This vacation shall have no effect on or vacate any easement containing existing Cox
plant in the area;
PASSED and APPROVED this O day of October, 2022.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor
KARA PAXTON, City Clerk Treasurer