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HomeMy WebLinkAboutOrdinance 4836 Doc ID : 009767800007 Tvoe : REL Recorded : 03/1 7/2006 at 03 : 18 : 24 PM Fee Amt : 526 . 00 Pace 1 of 7 Mashlnoton County . AR Bette Stamps Circuit Clerk File 2006-00010927 ORDINANCE NO. 4836 AN ORDINANCE APPROVING VAC 06- 1897 SUBMITTED BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED SOUTH OF DICKSON, BETWEEN BLOCK AND CHURCH; VACATING A PORTION OF AN ALLEY ON THE SUBJECT PROPERTY 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 the platted alley way 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 and abandons the following described alley way: See Exhibit "A" attached hereto and made a part hereof. Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendations for the City of Fayetteville, and shall not be in effect until all conditions are met therein. Section 4: That said vacation is subject to the dedication of a replacement alley and all other terms of the Bill of Assurance as offered by the applicant to secure the requested vacation. Page 2 Ord. No. 4836 "%%' RK/TR4lf!f,� PASSED and APPROVED this 2151 day of February, 2006. E ; FAYETTEVILLE; 3 APPROVED: ATTEST: r%9sy:S;KgNSG�J? /VG O14 A By: w By: DAN OODY, Ma 'r S RA SMITH, City Clerk EXHIBIT "A" VAC 06-1897 A PART OF BLOCK NUBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN (13) FEET AND TWO (2) INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF KICKSON STREET 151 .07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF BEGINNING; THENCE S00001 '25"E 136.59 FEET TO A FOUND IRON PIN, THENCE S89058135 "W 14.00 FEET, THENCE N00001125"W 136.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1912.00 SQUARE FEET MORE OR LESS. IXHIbIT « R „ .VAC 06 - 18 7 VAC06- 1897 P ETTU S Close Up View ; , CM 3 T m PI = VV p.D . N l ' I SUBJECT PROPERTY 0 K D KS NS I 1 3 � OJ O3 e I t 6I � p < V a RMo C-2 Im p3 Logond _ SOOO Ov wy oisbin — aOOMAY — soo YEAR o 10U YEAR --- UNT OF STUDY O Fayetteville 0 Outside City VAC &1897 . - Q vatar.ODB.Foop7drd_2004 - 0 45 90 180 270 38 r.. t Bill ofAssumna Page I BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for the vacation of an alley, LYNNKOHN, LLC (hereinafter "Petitioner"), hereby voluntarily offers this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioners' alley vacation request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF the Fayetteville City Council approves Petitioner's request to vacate an alleyway on the Property: 1 . The use of Petitioners' property described in Exhibit " A" attached hereto (the "Property") shall be limited to permitted and conditional uses allowed in C-3 zoning. 2. Petitioners hereby agree to dedicate, at a location mutually Acceptable to Petitioners and City of Fayetteville, a twenty (20) foot right-of-way upon the approval of Large Scale Development acceptable to Petitioner, as that term is defined by the Unified Development Code of the City of Fayetteville. Also, Petitioner shall not encumber or obstruct access through the existing alleyway until a new access is provided. 3. Petitioners specifically agree that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners request to vacate an alleyway is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of the Property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, LYNNKOHN, LLC , as the owners, developers or Bill of Assumna Page 2 buyers (Petitioners) voluntarily offer all such assurances and sign our names below. LYNNKOHN, LLC �60C,) 0n( &Jt ZR - MEMWe Date Printed Name QQ0 47o(� �k 1Bin Uy n PO Address Signa Date Printed Name Address Signature NOTARY OATH STATE OF ARKANSAS ) COUNTY OF WASHINGTON J -0006 7a.�o.>And now on t s the 101 day of �wvw , appeared before me, I�r Adr � Qr and after being placed upon his/her oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his name abo Ir . "NOTARY SE Brandon Rains, No1�Qppttkgty BLIC My Commission Expires: Washington County, State of Arkansas My Commission Expires July 15, 2014. ArcIMS HTML Viewer Ma 4 00 ,o�Q ?'65^p4434'�44 75-0d1a 5 -0 -765-04443-000 iCKSON ST z a , a � a v ao a r m 765-01666-000 I °r° m -�errov oFA � Lty (off qn Iv l M 765-01667-000 ' 'xto F ille Y r 5-2256 -00 o C) � m 765-01682-000 ✓ 5-0169 -0 $h � ki 765-01670-000 o Qj765-01683-000✓ w 'X 5-01655-00 � v r a '4 V 765-01671 -000 0 765-01681 -000 / -01658-000 6 6 00 5-01660-000 7R,5_n1 R79-OA.n n Map created Wth PrdMS - Copyright (C) 1992-2005 ESRI Inc. c 11 501663-000 " ll e`1 VAS DS � '� Washington County, AR I certify this instrument was filed on 03/17/2008 03: 18:24 pM and recorded in Real Estate File Number 2008.0001092 Bette stamps . Circuit e by OG e City of Fayetteville Staff Review Form VtW 6& 4o'17 City Council Agenda Items �� r tngpyfAj or Yl� J Contracts 21 -Feb-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: . VAC 06- 1897: (Pettus, 484): Submitted by 112 Engineering, Inc., for property located south of Dickson Street, between Block and Church Street. The property is zoned G3, Central Commercial . The request is to vacate a portion of an alley on the subject property. N/A N/A N/A Cost of this request Category/Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A $ 71 Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department OirecTor Date Original Contract Date: n/a Original Contract Number: n/a 2 - 3 - ate City Attor Received in City Clerk's Office ENTERED ,/ a O �I Z -3 , 1> F(ha: an ?Internal Service Director Date / Received in Mayor's Office ENTERED 61626 Ma or Date Comments: City Council Meeting of February 21 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: January 27, 2006 Subject: Easement Vacation for Pettus (VAC 06- 1897) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of an alley located south of Dickson Street, between Block and Church Streets, as depicted herein. BACKGROUND The subject property is an existing alley right-of-way (approximately 10' in width) located immediately south of Dickson Street between Block and Church Streets in downtown Fayetteville. This alley is currently used by adjacent property owners on either side of the alley. Though very narrow, for some of the property owners the subject alley is the only means of direct vehicular access into their property. The applicant' s request is to vacate a portion of the alley right-of-way in order to develop the property on either side of the alley. The applicant proposes to dedicate a new public alley through their property to Church Street as depicted in drawings attached to the staff report . Staff recommends approval of this vacation request based on findings stated within the attached staff report, finding that the proposed new access will provide the same, if not improved level of access to all properties in question. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. No objections were submitted. This item was heard at the regular Planning Commission on January 23 , 2006. The Planning Commission voted 9-0-0 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO, AN ORDINANCE APPROVING VAC 06- 1897 SUBMITTED BY H2 ENGINEERING, INC. FOR PROPERTY LOCATED SOUTH OF DICKSON, BETWEEN BLOCK AND CHURCH; VACATING A PORTION OF AN ALLEY ON THE SUBJECT PROPERTY 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 the platted alley way 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 and abandons the following described alley way: See Exhibit "A" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendations for the City of Fayetteville, and shall not be in effect until all conditions are met therein. Section 4: That said vacation is subject to the dedication of a replacement alley and all other terns of the Bill of Assurance as offered by the applicant to secure the requested vacation. PASSED and APPROVED this 21 ' day of February, 2006. APPROVE: By: (� DMi DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06- 1897 A PART OF BLOCK NUBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE "TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN ( 13) FEET AND TWO (2) INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF KICKSON STREET 151 .07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF BEGINNING; THENCE S00°01 '25"E 136.59 FEET TO N>FOUND IRON PIN, THENCE S89058'35 "W 14.00 FEET, THENCE N00001 '25"W 136:57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, .THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1912.00 SQUARE FEET MORE OR LESS. PC Meeting of January 23, 2006 THE CITY OF FAYETTEVILLE. ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 18, 2006 VAC 06-1897: (PETTUS, 484): Submitted by H2 ENGINEERING, INC. for property located SOUTH OF DICKSON STREET, BETWEEN BLOCK & CHURCH STREETS. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.38 acres. The request is to vacate a portion of an alley on the subject property. Property Owner: Lamar Pettus Findings: Planner: Andrew Gamer Property Description and Background: The subject property is an existing alley right-of- way (approximately 10' in width) located immediately south of Dickson Street between Block and Church Streets in downtown Fayetteville. This alley is currently used by adjacent property owners on either side of the alley. Though very narrow, for some of the property owners the subject alley is the only means of direct vehicular access into their property. Request: The applicant's request is to vacate a portion of the alley right-of-way in order to develop the property on either side of the alley. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections K:\Repons\2006U'C Repotu`01.23-06\VAC 06-1897 (Pettus).doc Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: The applicant has submitted the required notification forms to the adjacent property owners. Staff has discussed this project with two surrounding property owners, mainly concerned with how they and public service providers will access their property after the alley is vacated. This alley is the only means of vehicular access for the adjacent property to the southeast, and is utilized by public service providers along the entire length of the alley. The applicant's discussion with surrounding property owners is documented in an email attached to the report. In order to address access issues with these owners, the applicant is proposing a new right-of-way alley to Church Street. A depiction of this new access is attached to this report. Recommendation: Vacating the alley right-of-way in question without provision of continued access could limit vehicular access to parcels of property that are currently located off this alley. However, the applicant has indicated that they will provide a new public alley through their property to Church Street as depicted in the drawing provided. Staff finds that this new alley would provide adequate access to affected properties, and reduce an existing traffic concern with the alley exiting onto Dickson Street very near the traffic signal at Dickson and St. Charles. A new access from Church Street will continue to provide the same, if not improved level of access to all properties in question. Utility companies have approved the alley vacation with conditions that are included in the Conditions of Approval below. Staff recommends approval of the proposed right-of-way vacation VAC 06-1897 with the following conditions: Conditions of Approval: L A new public alley linking the existing alley to Church Avenue shall be provided and dedicated through the applicant's property as indicated by the applicant. This new alley shall provide safe and adequate vehicular access for residential and public service use including fire protection and solid waste pick-up. The existing alley shall not be vacated or obstructed until the new access is in place and accepted by the city of Fayetteville. 2. Should any existing water or sewer service lines be identified in the subject alley, these must be tied, at the developer's expense, to mains such that they do not cost K:\Repons\2006\PC Rcpotts\01-23-06\VAC 06-1897 (Pcttus).doc the service owner for the tie-in and they shall meet all conditions for new service lines. 3. Adequate easements to meet Arkansas Western Gas approval shall he dedicated to relocate the existing 6" steel low pressure gas line existing in the alley, at the developer's expense. 4. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION Recommendation to be: 11otion: A tt,t5 Second: Ctnrk Vote: Date: January 23, 2006 Comments: yes Required X Approved Denied The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:1Rcpons12006WC Repons'01-23-06\VAC 06-1897 (Pcnus).doc VHS. PeFh.,s NORTHWEST OFFICE PROPERTIES, LLC 209 North Block Avenue Fayetteville, Arkansas 72701-5204 479-442-3554 TO: Andrew Gamer Senior Planner Planning Division City of Fayetteville 113 West Mountain Fayetteville AR 72701 FROM: Tom Overbey toverbey(ogsw.com RE: Alley Vacation VAC 06-1897 DATE: January 19, 2006 06-11'1/ Airy vacaf:on P6I;c C� y$ This letter will confirm my understanding with respect to this alley vacation. Enclosed is a drawing provided to us by the developer's representatives. It is my understanding that the Solid Waste department, City Transportation department and the Fire Department are or will be agreeable to the alley vacation and proposed relocation. It is also my understanding that the users of the alley will be able to continue their current uses of the alley once it is relocated. As we discussed, this is important for our property since we will be using the alley for egress for our visitors when we construct a new building and change the ingress and parking on our property. Based on these understandings, I do not plan to appear at the Planning Commission meeting on January 23rd. Please call if any questions. cc: Tom Hennelly H2 Engineering C:\DATA\FayOo'ac\NW ORccProp.LH.doc L r ♦ ~� II CHURCH \ AVENUE 9 41 • l7 ')ii/ K.00 rn I •R pMi.W iit ,iI � I •'� IN u I /,• =I ; I >_ Ir � I O / 3 H 4> (. oQ c' .I I Z I 'll vn ....� no 11 I nm ! ( ~ gym. -*SiF ¶ 7,I � I F m> a Mn / An :• mm c -I +s o-ii£A a • .IF III I Y C I •• I n P • R[[ a•.m3R.m 10 .`, 0 I oS.' ss ss —S ss- ats—•'C4 v vv BLOCK AVENUE N I - n' ---� -- sr:_ -ice r - I I yV nafl 1Nx Xx<NN it 2 mm� n� 2 nxm PZ m m O Z NN�Af] M1 b \ V < Vd NNOn U_ a 4 p ; fr= cRjIF �". 3 ; � PETTUS ALLEY VACATION 'u'1.D1.... F i-O •YYy.n..f <H24)' ENGINEERING, INC. City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: Planning Staff Re: Pettus Alley Vacation Dear Staff, This correspondence is a written description of the petition to vacate a portion of an existing alley between lots I and 2 of block 3 of the original plat of the City of Fayetteville. The current owner of the property is Lamar Pettus. The property is currently under contract with the Barber Group. A large scale development, currently in the design stages, will encompass lots 1,2, and 3. The presence of the alley splits this property in half and creates some design challenges which could be resolved by rededicating right of way for a new alley off of either Church or Block Streets. We have provided the utility companies with assurances that new utility easements will be dedicated with the proposed development and the owner will incur the cost of relocating any existing utilities within the alley. Thank you for your consideration in this matter. If you should have any questions or comments, please call me at 582-4234. Sincerely, Thotfias A. Hennelly, P.E. President -c H2 Engineering, Inc. 2758 Millennium Drive Suite I Fayetteville, Arkansas 72703 Phone: 479.582.H2EI Fax: 479.582.9254 PETITION TO VACATE AN ALLEY LOCATED BETWEEN LOT I AND LOT 2 OF BLOCK 3 OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commicsion and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to be abandoned and vacated, lying between Lot land Lot 2 of Block 3 of the original Plat of the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: SURVEY DESCRIPTION: A PART OF BLOCK NUMBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN (13) FEET AND TWO (2) INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET 151.07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF BEGINNING; THENCE S 00°01' 25" E 136.59 FEET TO A FOUND IRON PIN, THENCE S89°58' 35" W 14.00 FEET, THENCE N00°01' 25" W 136.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1912.00 SQUARE FEET MORE OF LESS. That the abutting real estate affected by said abandonment of the alley are adjacent to Lot land Lot 2 of Block 3 of the original Plat of the City of Fayetteville, Arkansas 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 alley. The petitioners pray 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 pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility 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 alley. Dated: Printed Name: Signature: A Printed Name: Signature: A2AWLSAWVQN BOO I Sn xs A 7INVJ SII.LLL2[d tro•Imi puol\:d Andrew Garner - PETTUS ALLEY.pdf —_ Page 1 From: "Bryan Cooper" <bcooper@barbergroup.biz> To: "Jeremy Pate" <jpate@ci.fayetteville.ar.us>, "Andrew Garner" <agarner@ci. fayetteville.ar.us> Date: 1/18/06 1:26PM Subject: PETTUS ALLEY.pdf Gentlemen, Attached is a copy of our proposal on making another connection for the alley onto Church St. I apologize for staff getting this right now, I had just assumed you had seen a copy of this. We also wanted to have a bill of assurance saying that we will dedicate a new right-of-way for this alley at a point in time when staff and the developer agree on the exact location this needs to be. We -did not want to dedicate right-of-way right now, just in case during the planning phase that staff feels like the location of the new connection needed to be moved we wouldn't have to go through another one of these. I know the city has an approved Bill of Assurance they like to use, so can someone get me this Bill of Assurance with correct wording stating that we will dedicate a new right-of-way onto Church St. when staff and us decide on an exact location? As for the neighbors, we met with Shirkey a while back and feel like we answered his issues, and this morning we met with Tom Overbey and Lynn Wade about the vacation and feel like they were comfortable with the new alignment of the alley and feel like we addressed their concerns also. We have also met with Don Marr to discuss this issue and are meeting with Brenda Thiel on Friday. As for any other neighbors who have any concerns we have not heard of any, but if there are others out there we would be very happy to sit down and discuss this issue and address any concerns. Please let me know if you know of any others. Thanks for your time gentlemen and please let me know if you need any other information regarding this issue. Bryan Cooper Th N . [eg g ; 1 ii AT0LLV3VA A977V S M f y 1• YJl a2 Y •: _ a • In n h W O h N N Propose n Confor to GtUfCk SIr2cf N ZO p•p _FKnn ZZ nn Z .J> W b W Z \ LSx S NC Z N42i. FT 3nN3AV 313018 I..: --i5-- SC 3S iSSB—t ,SS sL "7i iG e<*. 0 }'.ii Ce 0 i I I ' 17 a I d� o fi rm I C Ii I VO W t >y • ._.' VG N z e q LI 2 > Oj mm g J jl O p0 / I y3lj UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: December 16, 2005 UTILITY COMPANY: City of Fayetteville Water and Sewer Department REQUESTED VACATION (applicant mot check al/thatelipy): O Utility Ease,natt ❑ Right-of-way for alley or streets and all utility easanents located within the vacated right-of-way. Alley O Street right-of-way I have been notified of the petition to vacate the following (alley, ( eY, easement, right-of-way), described as follows: General location / Address: urn ,,,,, oorncuung uman, Intersecting the south side of the 100" block of W. Dickson Street and located directly across the street from Colliers Dtu2 Store. SURVEY DESCRIPTION: A PART OF BLOCK NUMBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN (13) FEET AND TWO (2) INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET 151.07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF BEGINNING; THENCE S 00°01' 25" E 136.59 FEET TO A FOUND IRON PIN, THENCE S89° 58' 35" W 14.00 FEET, THENCE N00.01' 25" W 136.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1912.00 SQUARE FEET MORE OF LESS, • UTILITY COMPANY COMMENTS: O No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easanents are retained �. (State the location, dirtrenlions, and puq u below.) / AiiM Iwtoc 4 ` 1 1 r 4t1 of 4La a nd-ions flew be.ulct 4. Signatures t tilityCfinpany Reptescrtlative W A3 (lr(cE.Q_ t Title 12-14-05; 3'05PM;ARKAHSA5 WESTERN GAS ;4T9562a25e UTQ.iFY APPROVAL. FORM FOR ItfHT-OF-WAY, ALLEY. AND 1J17U1Y EASEMENT VACATIONS DATE October 19, 2005 LTI1UIY COMPANY: Arkansas Western Gas REQUESTED VACATION (appuanesitu check antmrgpotj): O Utility Easanrnt O Right-of-way for alley or shots and all utility casaneuts loaded within the ranted right-of-way. Alley O Suedrightof-way I have been notified Oldie petition to vacate the following (alley, cesanan, rightof-way), desnibed as fellows: General location / Address: Date 12/01/05 180 12:33 FAX 501 973 2326 Gd 11/tbs o y,^ UTtLM APPROVAL FORM FDA RIGHT -0E-WAY, ALLEY. AND UnUrY EASENFMVACATIoM DATE: October19, 200$ U rILITY COMPANY: Southweskm Electric Pow¢ Co. REQUESTED VACATION ( —r at.t rlrt yam; a Uaiity Fasaaat O Right-of-way Gora4cy or sarets and all utility awemmta located viWia the vacated riRl* of -way. © Alky O Sbtd riglaof way I have been notified of the petition to vacate tho following (alky, easawa4, cWIt-ofway),dcatbedas follows Osiris( kca ion i Address: An alleyway...; -1g between Fdas Law Finn and Something lhbm, is. et..g the southsWe oldie 10'$0 black of W. Dickson Stwet and located directly across the street from tbfas Drug Stom taacaadc£ desirdanw /a*aSaidatmarq i MPANY OObOd NTS: No abjec ions to the vaation(a) described above. O Noebjalim4mdtevaatioa(s)dcsatbadabo%c,pwidedfollowingdaa+edeawmasaattr&Atu d. (Saneibcloeatitm,diaaandpapacbdow.) 0CT-26-2005 WED 09:14 AN P. 01 UTILITY APPROVAL FORM FUR RIGHT 4W -WAY. ALLEY, AND URUIY EASEMENT VACATIONS DATE: October 19, 2005 UTILITY COMPANY: Ozarks Electric Cooperative REQUESTED VACATION (%7ioor.weOPWA g dwtamlj): 0 Utility Easamnt O Right -of --way for alley or rants and all utility wsanarts located within the vacated righPof-way. ©Alley 0 Street right-of-way I have beat notified of the petition to vacate the flowing (alley, caaarwst, rim -of -way), described as follows General location / Addnes: UTILITY COMPANY COMMENTS: y97.44 /Z Sipteaac of t itity Compury Ryn& ztiYe SeIr1��,�1i valeC/i T Title /O--7S-•Os. Darr 18/25/2885 08:18 4798720174 COX CONSTRUCT10N PAGE 02/82 UTILJTY APPROVAL FORM FOR RIGHT OF -WAY, ALLEY. AND Uf1UTY EASEMENT VACATIONS DATE: OchAw 19, 2005 UTILITY COMPANY; Cox Communiaationa REQUESTED VACATION (gyl7mnit a6eiaNrW ): ❑ Utility Easanent ❑ Rlghtof way for aliry or shee4 and all utility easements Iacatad within the veered righ -0f-way. Allcy ❑ Saoa dgh6af_wny f7 tale. UTILITY COMPANY COMJ mNTS: IV X111 i •I •vl • 'fn 1Z/16/ZUVO UTILITY APPROVAL FORM FOR RIGHT -OF-WAY, AL EY. AND UTILITY EASEMENT VACATIONS I:I yall).�5h117riII �G , ...... O Utility Easanent O Risht-of-way fur alley of mms and all utility eslemen s located within the vacated tightot-way. (> Alley I have ban notified of the petition to vacate the following (alley, easanau. tigMof-way), deeaibcd as follow&. General location / Address: side of the SURVEY DESCRIPTION: A PART OF BLOCK NUMBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN (13) FEET AND TWO (2)INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST. ALONG THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET 151407 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF BEGINNING; THENCE S 0001' 25" £136.59 FEET TO A FOUND IRON PIN, THENCE S8958' 35" W 14.00 FEET, THENCE N00'01. 25" W 13637 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 191200 SQUARE FEET MORE OF LESS. LiiI a i' u I .vi<•.t.tA� tip `riV I UTILITY APPROVAL FORM FOR RIGHT -OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: December 16, 2005 UTILITY COMPANY: City of Fayetteville Solid Waste Department REQUESTED VACATION (applicant must check all that apply): O Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley O 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: An alleyway running between Pettus Law Firm and Something Urban, intersecting the south side of the 1th 00 block of W. Dickson Street and located directly across the street from Colliers Dm2 Store. (Include legal description a�mphlc representation of what is being vacated) SURVEY DESCRIPTION: APART OF BLOCK NUMBERED THREE (3) AS DESIGNATED ON THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING CHISELED "X" IN CONCRETE WHERE THE WEST RIGHT-OF-WAY LINE OF BLOCK AVENUE INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, SAID POINT BEING THIRETEEN (13) FEET AND TWO (2) INCHES SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK AS SHOWN BY SAID ORIGINAL PLAT; THENCE WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET 151.07 FEET TO AN EXISTING CHISELED "X" AND THE POINT OF BEGINNING; THENCE S 00°01' 25" E 136.59 FEET TO A FOUND IRON PIN, THENCE S89°58' 35" W 14.00 FEET, THENCE N00°01' 25" W 136.57 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DICKSON STREET, THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE 14.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1912.00 SQUARE FEET MORE OF LESS. ILITY COMPANY COMMENTS: No objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company Representative C U Vn w e r e CccQ -e Title t' Date • i�Trt4 iii I'�A ti 3! t .. . !e ! 4 4a l � 1. D , r J [Clarice, Pearman - Ords. 4832, 4833, 4834, 4836 & 4837 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 2/27/06 10:54AM Subject: Ords. 4832, 4833, 4834, 4836 & 4837 Jeremy, Attached are the above ordinances passed by City Council, February 21, 2006. CC: Bell, Peggy; Deaton, Vicki; GIS NORTHWEST ARKANSAS EDITION AFFIDAVIT OF PUBLICATION I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: V d; J a n u &4?3L was inserted in the regular editions on W0V 0 1-QUip PO# ** Publication Charge: $ ( f - ST Subscribed and sworn to before me this day of 200C$. Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas My Commission Expires October 18, 2014 ** Please do not pay from Affidavit. An invoice will be sent. RECEIVED 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 i AR 09 20% g1Y OF FAYETTEVILLE CITY CLERK'S OFFICE • (501) 442-1700 I AN ORCEDCS APPROVINGF VAC S 06N. BET E- MITTED BY H2 ENGINEERING. INC. FOR PROPER. LOCATED SOUTHRCH VA GANG A P BETWEENIONOF ANBLOCKA AND THE CHURCH; JECAP O A PORTION OF AN ALLEY ON THE SUBJECT PROPERTY ARKANSAS 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 the platted alley WSt5 ngl*aguired for corporate purposes. NOW. TNEREPORL SE IT ORDAINED SY THE CITY COUNCIL OF THE CITY OF. Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described alley way: See Exhibit 'A' attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duty cer1fied by the City Oerk along with the map attached hereto and labeled Exhibit 'B' Shell be filed in the office of the Recorder of the County and record- ed in the Deed Records of the County. Section 3: That this vacation approval is subject to the conditions of approval listed In the Staff report and Planning Co wn sslm recarrsnendations for the City of Fayetteville, and shall not be in effect until all conditions are met therein. • Section 4: That said vacation is subject to the dedication of a replacement alley end as other terms of the Bill of Assurance as offered by the applicant to secure the requested vacation. And APPROVED this 21st day of February, 2006. D: ATTEST: By: DDT. Mayo. SONDRA SMITH. City Clmk EXHIBIT *Am VAC 06-1897 CHIC OF THENCE SD(P01'25'E 136.59 FEET TO A FOUND IRON PIN, TI THENCE N0IP01'25'W 136.57 FEET TO THE SOUTH RIGHT -OF - THENCE EAST ALONG SAID SOUTH RIGHT -OP -WAY LINE 14.00 NING. CONTAINING 1912.00 SQUARE FEET MORE OR LESS. Exhibit'B' is a map and may be viewed in the Office of the City Clerk during normal business